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Eds: Rahul Kaul, S<strong>and</strong>eep Kumar Tiwari, Sunil Kyarong,<br />

Ritwick Dutta <strong>and</strong> Vivek Menon<br />

Government of Meghalaya


CANOPIES AND CORRIDORS<br />

Conserving the <strong>for</strong>ests of Garo Hills with elephants <strong>and</strong><br />

gibbons as flagships<br />

Garo Hills<br />

Autonomous<br />

District Council<br />

Eds: Rahul Kaul, S<strong>and</strong>eep Kumar Tiwari, Sunil Kyarong,<br />

Ritwick Dutta <strong>and</strong> Vivek Menon


The <strong>International</strong> <strong>Fund</strong> <strong>for</strong> <strong>Animal</strong> <strong>Welfare</strong> (IFAW) works to improve the welfare of wild <strong>and</strong> domestic animals<br />

through out the world by reducing commercial exploitation of animals, protecting wildlife habitats, <strong>and</strong> assisting<br />

animals in distress. IFAW seeks to motivate the public to prevent cruelty to animals <strong>and</strong> to promote animal<br />

welfare <strong>and</strong> conservation policies that advance the well-being of both animals <strong>and</strong> people.<br />

Wildlife Trust of India (WTI), is a non-profit conservation organisation, committed to help conserve nature,<br />

especially endangered species <strong>and</strong> threatened habitats, in partnership with communities <strong>and</strong> governments. Its<br />

vision is the natural heritages of India is secure.<br />

Suggested Citation: Rahul Kaul, S<strong>and</strong>eep Kumar Tiwari, Sunil Kyarong, Ritwick Dutta <strong>and</strong> Vivek Menon (Eds).<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>- Conserving the <strong>for</strong>ests of Garo Hills with elephants <strong>and</strong> gibbons as flagships, Wildlife<br />

Trust of India.<br />

Keywords: Garo Hills, elephant, gibbon, Balapakram National Park, Nokrek National Park, Meghalaya, Siju,<br />

Selbalgre, GHADC, Garo Hills Autonomous District Council, sacred groves, <strong>for</strong>est management.<br />

The designations of geographical entities in this publication <strong>and</strong> the presentation of the material do not imply the<br />

expression of any opinion whatsoever on the part of the authors or WTI concerning the legal status of any<br />

country, territory or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.<br />

Copyright © WTI 2010<br />

All rights reserved. Reproduction <strong>and</strong> dissemination of material in this publication <strong>for</strong> educational or any noncommercial<br />

purposes are authorized without any prior written permission from the copyright holders provided<br />

the source is fully acknowledged <strong>and</strong> appropriate credit given. Reproduction of material in this in<strong>for</strong>mation<br />

product <strong>for</strong> or other commercial purposes is prohibited without written permission of the copyright holders.<br />

Applications <strong>for</strong> such permission should be addressed to the Executive Director, Wildlife Trust of India or<br />

by e-mail to info@wti.org.in<br />

Photo credits:<br />

Sunil Kyarong: Front Cover, Pg. 68, 108, 110, 114 (top), 115 (top right) <strong>and</strong> 116 (top & bottom)<br />

Ritwick Dutta: Back cover, Pg.112 (bottom left)<br />

S<strong>and</strong>eep Kumar Tiwari: 9, 11, 45, 51, 74, 75, 78, 91, 93, 107, 109 top,112 (bottom right),113,114(bottom),<br />

115 (top left & bottom), 121, 128<br />

Jayanta Das: Title page<br />

J Dutta: Pg.46 <strong>and</strong> 47<br />

O.P Tripathy: Pg.62, 66 <strong>and</strong> 67<br />

Bulbully Marak: Pg. 109 left bottom<br />

Cover design: Jan Mohammad<br />

Layout: Moeen Aijaz/John Kunjkunju<br />

Printed at : Summit Advertising, New Delhi


CONTENTS<br />

FOREWORD 4<br />

PREFACE 5<br />

ACKNOWLEDGEMENTS 6<br />

EXECUTIVE SUMMARY 7<br />

CHAPTER I Introduction 8<br />

Rahul Kaul <strong>and</strong> S<strong>and</strong>eep Kumar Tiwari<br />

CHAPTER II A brief profile of Meghalaya 12<br />

Kiranmay Sarma<br />

CHAPTER III Forest <strong>and</strong> wildlife conservation in Garo Hills autonomous district<br />

council- a policy analysis 23<br />

Ritwick Dutta<br />

CHAPTER IV Forest resources <strong>and</strong> management in Garo Hill districts 44<br />

Kiranmay Sarma <strong>and</strong> S<strong>and</strong>eep Kumar Tiwari<br />

CHAPTER V L<strong>and</strong> use/l<strong>and</strong> cover <strong>and</strong> community structure of major <strong>for</strong>ests type in<br />

Garo Hill districts 52<br />

Kiranmay Sarma, O. P. Tripathy <strong>and</strong> Krishna Upadhyay<br />

CHAPTER VI Natural resource extraction <strong>and</strong> utilization by the people of<br />

Garo hills, Meghalaya 69<br />

S<strong>and</strong>eep Kumar Tiwari, Rahul Kaul, Susenjit Nath Choudhury,<br />

Siddhartha Bhattacharjee, Satadal Acherji <strong>and</strong> Prabal Sarkar<br />

CHAPTER VII People's perception of <strong>for</strong>est management <strong>and</strong> conservation in Garo Hills 80<br />

Susenjit Nath Choudhury, S<strong>and</strong>eep Kumar Tiwari, Rahul Kaul,<br />

Siddhartha Bhattacharjee <strong>and</strong> Satadal Acherji<br />

CHAPTER VIII Conservation of Asian elephant (Elephas maximus) in Meghalaya 91<br />

with special reference to corridors<br />

S<strong>and</strong>eep Kumar Tiwari, Vivek Menon, Sunil Kyarong <strong>and</strong> Rahul Kaul<br />

CHAPTER IX Joining the Gibbon canopies to restore the Nokrek l<strong>and</strong>scape 112<br />

Sunil Kyarong, Rahul Kaul, Vivek Menon <strong>and</strong> S<strong>and</strong>eep Kumar Tiwari<br />

ANNEXURES 117<br />

OTHER WTI PUBLICATIONS 166


FOREWORD<br />

February 12, 2008<br />

Forests are the most important natural resources available to mankind <strong>and</strong> af<strong>for</strong>d a wide range of socioeconomic<br />

benefit as well as environmental values <strong>and</strong> services. However the balance between resource<br />

availability <strong>and</strong> utilization of these valuable natural resources has been threatened by the continuing abuse,<br />

de<strong>for</strong>estation <strong>and</strong> degradation of the <strong>for</strong>est. This trend needs to be contained <strong>and</strong> action plan prepared based on<br />

the principle of sustainable development <strong>and</strong> general human wellbeing.<br />

Meghalaya has a large area under the control of the community <strong>and</strong> private persons <strong>and</strong> less than 10% is under<br />

the control of government. By virtue of the fact that Meghalaya is a VI th Schedule area, the management of all<br />

<strong>for</strong>ests other than government reserve <strong>for</strong>est <strong>and</strong> protected Areas are under Autonomous District Council<br />

Councils.<br />

The Garo hills comprising of the district of East, West <strong>and</strong> South Garo Hill is within the jurisdiction of Garo Hills<br />

Autonomous District Council (GHADC) <strong>and</strong> supports a rich biodiversity in terms of flora <strong>and</strong> fauna. This is also<br />

an important Asian elephant habitat <strong>and</strong> majority of the elephants of the state are concentrated here. However,<br />

jhum cultivation, unplanned mining <strong>and</strong> other developmental activities have led to fragmentation <strong>and</strong><br />

degradation of elephant habitats threatening their existence. This has also increased the conflict with humans in<br />

recent time. It thus bestows considerable responsibility upon the GHADC to effectively protect the <strong>for</strong>ests <strong>and</strong><br />

wildlife under their control to mitigate conflict <strong>and</strong> protect <strong>and</strong> conserve the wildlife.<br />

This publication on biodiversity conservation through awareness <strong>and</strong> capacity building of the local tribal council<br />

in Garo Hills is thus a significant contribution to <strong>for</strong>est <strong>and</strong> wildlife conservation in Garo Hills. Similar exercises<br />

should also be initiated in other Schedule VI areas to strengthen conservation initiatives. The publication is an<br />

outcome of concerted ef<strong>for</strong>ts by the Wildlife Trust of India <strong>and</strong> support of Garo Hills Autonomous District<br />

Council, State Forest department <strong>and</strong> other individuals involved in conservation.<br />

The ef<strong>for</strong>t of Wildlife Trust of India to conserve the elephants in the state by identifying <strong>and</strong> securing the elephant<br />

corridors <strong>and</strong> other l<strong>and</strong>scape will definitely contribute to mitigating human-elephant conflict <strong>and</strong> af<strong>for</strong>d greater<br />

protection <strong>and</strong> conservation of elephants in Meghalaya.<br />

The publication is a unique example of bringing in the administrators, policy makers, l<strong>and</strong> planners, scientists <strong>and</strong><br />

conservationists under one umbrella to protect <strong>and</strong> nurture the rich conservation tradition of the Garos. The<br />

publication I am sure will significantly contribute to achieving sustainable conservation practices in the region.<br />

A. N. Prasad<br />

Inspector General Forests &<br />

Director Project Elephant


PREFACE<br />

The Balphakram <strong>and</strong> Nokrek National Parks are the only two protected areas <strong>for</strong> wildlife in the<br />

Garo Hills. Yet, the entire spine of the Garo Hills still has large potential as wildlife habitat<br />

<strong>and</strong> unlike the other districts of Meghalaya still harbours fairly good wildlife population. The<br />

connectivity of this l<strong>and</strong>scape <strong>for</strong> elephant <strong>and</strong> gibbon, tiger or peacock pheasant lie through akhin<br />

l<strong>and</strong>s, privately owned clan l<strong>and</strong>s, much of which is still under <strong>for</strong>est. Extensive jhuming has cut<br />

through a lot of this, but Balphakram National Park <strong>and</strong> Siju WLS are connected to Nokrek through<br />

Rewak <strong>and</strong> Emangiri RFs <strong>and</strong> the akhin l<strong>and</strong>s. WTI started a project here to try <strong>and</strong> secure the<br />

connectivity between these two important parks <strong>for</strong> elephants as part of its elephant corridors<br />

project sponsored by the World L<strong>and</strong> Trust. Soon however, the creation of the Selbelgere reserve <strong>for</strong><br />

gibbons, a district council initiative supported by WTI (through its British High Commission<br />

sponsored district council project) had exp<strong>and</strong>ed the concept to include other species as well.<br />

This report chronicles the first three or four years of this project. It is a fascinating chronicle of<br />

conservation in this region, particularly as the conservation of private <strong>for</strong>ests in Meghalaya is so<br />

unlike any other part of India. Community conservation takes a whole new meaning in this state<br />

where the <strong>for</strong>est department <strong>and</strong> the government control only a fraction of the <strong>for</strong>ests <strong>and</strong> wildlife<br />

that exists in the region. The district council project of the BHC was an attempt at doing just this;<br />

assessing the status of <strong>for</strong>ests <strong>and</strong> wildlife in four selected district councils <strong>and</strong> advising these local<br />

governments in ways to protect <strong>for</strong>ests under their own rules <strong>and</strong> regulations. Many of these may<br />

rely on traditional <strong>and</strong> community based means of protection but many are powers vested under<br />

the sixth schedule listing of these l<strong>and</strong>s in the Indian constitution. Despite this, local councils had<br />

not taken the issue of wildlife conservation seriously in most part.<br />

It is extremely heartening to note that in this short period, two relatively large areas of Selbelgere<br />

<strong>and</strong> Aretika have been declared village reserves by the Garo District Council. Full credit must be<br />

given to the council leaders <strong>and</strong> akhin nokmas <strong>for</strong> coming <strong>for</strong>ward <strong>and</strong> transcending decades of<br />

mistrust of authorities by participating in these conservation measures to such an extent. While the<br />

role of the WTI team in the area is laudatory, they have acted only as catalysts <strong>and</strong> the credit <strong>for</strong><br />

securing these l<strong>and</strong>s goes to the local government. This example also acts as a pioneer step <strong>for</strong> other<br />

district council, autonomous councils <strong>and</strong> tribal councils to emulate <strong>and</strong> declare their own<br />

conservation reserves. The Wildlife Protection Act in its latest amendment recognized the power of<br />

local community protection by creating community reserves as an option of protection. Creation of<br />

village reserves or other similar local government protected areas can be a first step towards such<br />

protection or logically even devolution of the same idea to an even more local level. Such<br />

conservation measures can only be good <strong>for</strong> the threatened biodiversity of the area.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Vivek Menon<br />

Executive Director<br />

5


The report is an outcome of relentless ef<strong>for</strong>t of a<br />

large number of individuals <strong>and</strong> organizations.<br />

We express our heartfelt gratitude to Mr. E. A.<br />

Sangma, Chief Executive Member Garo Hills<br />

Autonomous District Council (GHADC) <strong>for</strong><br />

extending all help to the team while conducting<br />

survey in the area. This report would not have been<br />

possible without the cooperation <strong>and</strong> support of over<br />

500 individuals <strong>and</strong> gaun burahswho answered to all<br />

our queries during survey <strong>and</strong> offered us food <strong>and</strong> at<br />

times shelter to successfully complete the survey.<br />

We are thankful to Mr. V. K. Nautiyal, Principal<br />

Chief Conservator of Forest, Meghalaya <strong>and</strong> Mr Sunil<br />

Kumar, Chief Wildlife Warden, Meghalaya <strong>for</strong> the<br />

permission to undertake the elephant corridor<br />

identification in the state, securing of Siju-Rewak<br />

elephant corridor <strong>and</strong> <strong>for</strong> all the assistance extended to<br />

WTI team during the course of survey <strong>and</strong><br />

groundtruthing. We express our sincere thanks to Mr.<br />

A. N. Prasad, Director Project Elephant <strong>and</strong> Mr. S.S.<br />

Bist, <strong>for</strong>mer Director Project Elephant <strong>for</strong> their constant<br />

encouragement <strong>and</strong> support while groundtruthing the<br />

corridors <strong>and</strong> securing of Siju-Rewak corridor in<br />

Meghalaya. We are also thankful to Mr. T.T.C. Marak,<br />

<strong>for</strong>mer CCF, Social Forestry <strong>and</strong> Environment <strong>and</strong><br />

currently the Chairman Meghalaya Board of Secondary<br />

Education who helped us a lot in completing the<br />

corridor identification process <strong>and</strong> subsequent<br />

initiatives in securing Siju-Rewak elephant corridor.<br />

We are also thankful to Mr. Robin Shullai, CF, Mr.<br />

P.R. Marak, DFO East <strong>and</strong> West Garo Hills, Mr. R.<br />

Thiek DFO, South Garo Hills; Mr. T. Wananniang,<br />

ACF, South Garo Hills; Mr. P. H. S. Bonney, <strong>for</strong>mer<br />

DFO Khasi Hills Wildlife Sanctuary; Mr. James<br />

Pohsngap, DFO Jowai; Mr. S.N. Sangma, ACF, East<br />

<strong>and</strong> West Garo Hills Wildlife Division, Mr. J. Dutta<br />

DFO Social <strong>for</strong>estry Tura <strong>for</strong> their constant help,<br />

support <strong>and</strong> cooperation in successful groundtruthing<br />

of the corridors <strong>and</strong> securing of Siju-Rewak corridor.<br />

We are grateful to Mr. Alphonse A. Sangma,<br />

member District Council, Mr. Pittor R. Marak, Nokma<br />

Siju <strong>and</strong> Chairman, Village Reserve Committee, Mrs.<br />

Sanilla A. Sangma, Nokma , Mr. Jahil R. Sangma, Vice<br />

Chairman, Mr. Elzin R. Marak, Secretary, Mr.<br />

Wenithson Momim, Joint Secretary <strong>and</strong> Mr. Witha A.<br />

Sangma, Treasurer, Village Reserve Committee <strong>and</strong><br />

Mr. Selbalson Sangma, Mr Jenura D. Sangma, Mr<br />

Silchang A. Sangma, Mr. Nirena Sangma, Mr Dalne<br />

D. Shira, Mr Puttu A. Sangma, Mr. Laming Sangma,<br />

ACKNOWLEDGEMENT<br />

<strong>and</strong> villagers of Aritika <strong>for</strong> their help, cooperation <strong>and</strong><br />

protecting the Siju-Rewak elephant corridor. We are<br />

also thankful to Mr .Ronatson Momim. Range Forest<br />

Officer, Baghmara (GHADC), Mr. Leonidas Momim,<br />

Ms Bulbuly Marak, Tourist Officer, Baghmara <strong>for</strong><br />

their help <strong>and</strong> to Dr. Jaseng N. Sangma, Baghmara<br />

Health Centre <strong>and</strong> Dr. Smita Sangma, Baghmara<br />

Health Centre <strong>for</strong> voluntarily helping WTI organize<br />

health camp in Arthika.<br />

For the Selbalgre Village Reserve, we extend our<br />

thanks to Mr. Piletson Sangma, Nokma <strong>and</strong><br />

Chairman, Mr Mijan CH. Marak, Nokma <strong>and</strong> vicechairman,<br />

Mr Saljensing CH. Marak, Secretary, Mr.<br />

Krenithson Sangma, Joint Secretary, Mr. Ballison<br />

Sangma, Treasurer of Selbalgre Village Reserve<br />

Committee <strong>and</strong> Mr. Mingjin Marak, Mr. Chirok<br />

Marak, Mr. Jengnang Sangma, Mr. Balmen Marak,<br />

Mr. Dalmen Marak, Mr. Miksong Marak <strong>and</strong> Mr. Puri<br />

Marak executive members <strong>and</strong> all the villagers of<br />

Selbalgre <strong>for</strong> taking the bold initiative of keeping<br />

apart <strong>for</strong>est <strong>for</strong> future generation <strong>and</strong> declaration of<br />

Selbalgre Village Reserve.<br />

We are also thankful to all the members of<br />

GHADC <strong>for</strong> extending their assistance <strong>and</strong> support<br />

<strong>for</strong> protection <strong>and</strong> notification of Selbalgre Village<br />

Reserve <strong>and</strong> Siju-Arthika Village Reserve Forest.<br />

Our thanks also go out to our present <strong>and</strong> <strong>for</strong>mer<br />

colleagues from Wildlife Trust of India, Dr. P.C.<br />

Bhattacharjee (Excutive Trustee, WTI <strong>and</strong> Professor,<br />

Department of Zoology, Gauhati University, Assam),<br />

Dr. P.S. Easa (<strong>for</strong>mer Director), Mr. Aniruddha<br />

Mookherjee (Senior Director), Dr Ujjal Sarma<br />

(Programme Officer), Mr Govindan Kutty (<strong>for</strong>mer<br />

Programme Officer), Mr Vyom Raghuvansi (Legal<br />

Intern), Mr. John Kunjukunju (Executive Assistant), Mr<br />

Biswajit Saikia (consultant), Mrs Daizy Khan<br />

(consultant) <strong>for</strong> their constant support, advice,<br />

encouragement <strong>and</strong> assistance during the entire period<br />

of our conservation ef<strong>for</strong>t in Garo hills <strong>and</strong> preparation<br />

of this report.<br />

We wish to thank British High Commission, New<br />

Delhi, World L<strong>and</strong> Trust, US Fish <strong>and</strong> Wildlife<br />

Services (USFWS) <strong>and</strong> <strong>International</strong> <strong>Fund</strong> <strong>for</strong> <strong>Animal</strong><br />

<strong>Welfare</strong> (IFAW) <strong>for</strong> their financial support <strong>and</strong> their<br />

role in successful implementation of the projects <strong>and</strong><br />

contributing to the <strong>for</strong>est <strong>and</strong> wildlife conservations<br />

in Meghalaya.<br />

6 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


The sixth schedule of the constitution of India<br />

provides the tribal people of northeast India a<br />

role in planning <strong>and</strong> development of the area,<br />

free of external influences or pressures <strong>and</strong> also in<br />

accordance with local traditions <strong>and</strong> needs. Forest is a<br />

“transferred” subject to the tribal council <strong>and</strong> lends<br />

considerable responsibilities upon these councils to<br />

effect conservation of <strong>for</strong>ests <strong>and</strong> wildlife within their<br />

jurisdictional areas.<br />

Although the district councils have laws to manage<br />

the <strong>for</strong>ests, there appears to be no mechanism <strong>for</strong> the<br />

protection of wildlife. Moreover, the status vis-à-vis<br />

wildlife conservation as a subject matter within the<br />

district councils appears vague <strong>and</strong> without any<br />

mention. The state is effecting wildlife protection<br />

within the National Parks, Wildlife Sanctuaries <strong>and</strong><br />

Reserve Forests under their custody but who protects<br />

wildlife within the jurisdiction of the district council?<br />

Further, do the present laws <strong>and</strong> also the resources<br />

permit the district councils to take the necessary steps<br />

<strong>for</strong> initiating <strong>and</strong> achieving wildlife conservation <strong>and</strong><br />

if they do, do the district councils have the capacity<br />

<strong>and</strong> the infrastructure to undertake all of this?<br />

With these questions in mind, the Wildlife Trust of<br />

India initiated a project in 2005 in four district councils<br />

of Northeast India, two each in Assam (Karbi-Anglong<br />

<strong>and</strong> Bodol<strong>and</strong>) <strong>and</strong> Meghalaya (Garo hills <strong>and</strong> Khasi<br />

hills). This was important to chart a roadmap <strong>for</strong><br />

conservation activities in tribal council areas.<br />

The Garo Hills in Meghalaya has a typical system of<br />

<strong>for</strong>est management wherein local communities <strong>and</strong><br />

private persons own majority of the l<strong>and</strong>. Less than<br />

10% area comprising of Reserve Forests, National<br />

Parks, Wildlife Sanctuaries <strong>and</strong> Protected Areas is<br />

controlled by the state <strong>and</strong> remaining l<strong>and</strong> is under<br />

the jurisdiction of the district council. In addition, the<br />

local communities also have their traditional<br />

customary laws, which work in conjunction with the<br />

laws made by the district councils.<br />

This project on the Autonomous District Councils has<br />

revealed many interesting aspects on their working<br />

vis– a– vis <strong>for</strong>ests <strong>and</strong> wildlife. For one, only the Garo<br />

Autonomous District Council continues to function in<br />

a manner originally prescribed in the Constitution of<br />

India. The Bodo Territorial Council is a recent creation<br />

with greater control <strong>and</strong> authority over Forests <strong>and</strong><br />

Wildlife. The project has made certain suggestions<br />

with respect to Central Statutes <strong>and</strong> policies so that<br />

they are more in tune with the Constitutional<br />

responsibilities vested in the District/<br />

Territorial/Autonomous Councils. These suggestions<br />

assume importance in view of the fact that legal<br />

developments in the field of conservation <strong>and</strong><br />

protection of <strong>for</strong>ests, wildlife <strong>and</strong> biodiversity has<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

EXECUTIVE SUMMARY<br />

failed to take into account the crucial role of these<br />

Councils in managing, conserving <strong>and</strong> use of these<br />

resources. The project there<strong>for</strong>e charts out a course <strong>for</strong><br />

legal <strong>and</strong> policy changes <strong>and</strong> development.<br />

Wildlife Trust of India has also mapped the <strong>for</strong>est<br />

cover of the area using satellite images which was<br />

then ground truthed to know the distribution of the<br />

<strong>for</strong>est resources <strong>and</strong> extent of different type of <strong>for</strong>est.<br />

The dependency of the people on <strong>for</strong>est resources <strong>and</strong><br />

perception of the households, gaonburah <strong>and</strong> members<br />

of district council towards <strong>for</strong>est <strong>and</strong> wildlife<br />

conservation in all the three districts of Garo Hills has<br />

also been assessed through a questionnaire survey.<br />

This was important to assess the underst<strong>and</strong>ing of the<br />

people so that it can be communicated to community<br />

leaders <strong>and</strong> policy makers <strong>for</strong> appropriate<br />

conservation planning <strong>and</strong> awareness.<br />

Meghalaya supports the second largest elephant<br />

population in Northeast, the majority of which are<br />

concentrated in the Garo Hills. However, jhum<br />

cultivation, unplanned mining <strong>and</strong> other<br />

developmental activities have led to fragmentation<br />

<strong>and</strong> degradation of elephant habitats threatening their<br />

existence. This has also increased the conflict with<br />

humans in recent time. To minimize human-elephant<br />

conflict <strong>and</strong> ensure long term conservation of the<br />

elephants in Garo Hills, it was thought prudent to link<br />

the fragmented patches of habitats. Thus in 2001,<br />

Wildlife Trust of India groundtruthed the elephant<br />

habitat <strong>and</strong> identified six elephant corridors in the<br />

state, of which five are in Garo Hills. One of the most<br />

vital of these is the Siju-Rewak corridor connecting the<br />

elephants of the Balpakram NP <strong>and</strong> Siju WLS with<br />

Rewak, Angratoli <strong>and</strong> Imangiri Reserve Forest <strong>and</strong><br />

Nokrek National Park. WTI is working with the local<br />

community, <strong>for</strong>est department <strong>and</strong> GHADC to secure<br />

this corridor <strong>and</strong> a remarkable outcome of this has<br />

been the declaration of about 200 hectares of the<br />

corridor <strong>for</strong>est as Siju-Aretika Village Reserve <strong>for</strong>est.<br />

Thus a major part of the corridor has been secured<br />

<strong>and</strong> other impediments are being worked upon to<br />

totally secure the corridor.<br />

Wildlife Trust of India is also working with the local<br />

community of Selbalgre village <strong>and</strong> GHADC in West<br />

Garo Hills <strong>and</strong> has been able to notify about 200<br />

hectares of Aking l<strong>and</strong> as Village Reserve <strong>for</strong>est. This is<br />

an important Hoolock gibbon habitat <strong>and</strong> also harbours<br />

other wildlife. Ef<strong>for</strong>ts are being made to add more areas<br />

with a view to join the small patches of <strong>for</strong>est separated<br />

by fallow jhum l<strong>and</strong> between Rongram <strong>and</strong> Nokrek.<br />

Thus, by protecting the gibbon habitat in Rongram-<br />

Nokrek l<strong>and</strong>scape <strong>and</strong> elephant habitat between<br />

Nokrek-Balpakram l<strong>and</strong>scape, ef<strong>for</strong>ts are being made to<br />

improve the wildlife habitat that can facilitate<br />

unhindered movement of animals <strong>and</strong> minimize<br />

encounter with human <strong>and</strong> reduce conflicts.<br />

7


The sixth schedule of the constitution provided<br />

some tribal people of northeast India a role in<br />

designing the development of their l<strong>and</strong>. This<br />

was to ensure that the development happened free of<br />

external influences or pressures <strong>and</strong> also in<br />

accordance with the local traditions <strong>and</strong> needs.<br />

Forests is a “transferred” subject to the tribal councils,<br />

bestows considerable responsibilities upon these<br />

district councils <strong>and</strong> there<strong>for</strong>e to effect conservation<br />

of <strong>for</strong>ests <strong>and</strong> wildlife within their areas in northeast<br />

India.<br />

Northeast India, comprising of the states of Assam,<br />

Meghalaya, Manipur, Mizoram, Nagal<strong>and</strong>,<br />

Auranachal Pradesh, Tripura <strong>and</strong> Sikkim is regarded<br />

as one of the 34 Biodiversity Hotspots in the world<br />

(Mittermeier et al., 2005). It is designated as one the<br />

important eco-regions i.e. Northeast India-Myanmar<br />

pine <strong>for</strong>ests (Olson & Dinerstein, 1998) <strong>and</strong> has more<br />

than 50% <strong>for</strong>est cover (Forest Survey of India 2001).<br />

These <strong>for</strong>ests, hold <strong>for</strong> example, species like tiger<br />

(Panthera tigris), Asian elephant (Elephas maximus),<br />

Greater One-horned rhinoceros (Rhinoceros unicornis),<br />

Leopard, (Panthera pardus) Clouded leopard (Neofelis<br />

nebulosa), Takin (Budorcas taxicolor), Golden Langur<br />

(Trachypithecus geei), Slow loris (Nycticebus bengalensis)<br />

<strong>and</strong> Phayre’s leaf monkey (Trachypithecus phayeri)<br />

which are on the IUCN Red list of Threatened<br />

<strong>Animal</strong>s 2000 (IUCN 2002).<br />

Societies of this region are pre-dominantly<br />

agrarian <strong>and</strong> their dependence on <strong>for</strong>ests <strong>for</strong><br />

sustenance <strong>and</strong> livelihoods is heavy. Being relatively<br />

under-developed compared to other regions of the<br />

country, opportunities <strong>for</strong> alternative livelihoods are<br />

limited. Peoples’ dependence on <strong>for</strong>ests <strong>and</strong> also on<br />

CHAPTER I<br />

Introduction<br />

Rahul Kaul <strong>and</strong> S<strong>and</strong>eep Kumar Tiwari<br />

meat (Hilaluddin et al.,2005) is taking a heavy toll on<br />

these natural resources. This is apparently more so<br />

after a ban was imposed on the felling of trees,<br />

curtailing further, any opportunities to earn<br />

livelihoods.<br />

Northeast India also has a typical system of <strong>for</strong>est<br />

management, wherein the local communities manage<br />

large areas of <strong>for</strong>ests. This is more so in the states<br />

under Schedule VI of the Constitution i.e. Tribal areas<br />

of Assam, Meghalaya, Mizoram <strong>and</strong> Tripura. By<br />

virtue of this schedule, the management of all <strong>for</strong>ests<br />

other than government reserved <strong>for</strong>ests <strong>and</strong> Protected<br />

Areas are under autonomous District Councils. The<br />

District Councils are constitutional bodies with a large<br />

degree of functional autonomy which has its own<br />

administrative apparatus <strong>for</strong> the management of<br />

<strong>for</strong>ests. For example in the state of Meghalaya the<br />

government controls only 725.13 Km 2 of the total of<br />

9506 Km 2 <strong>for</strong>est area which includes the Reserve<br />

Forests, National Parks, Wildlife Sanctuaries <strong>and</strong><br />

protected areas. The rest is under the jurisdiction of<br />

the district councils. In addition, the local<br />

communities also have their traditional customary<br />

laws, which work in conjunction with the laws made<br />

by the district councils.<br />

Although the district councils have laws to<br />

manage the <strong>for</strong>ests, there appears to be no mechanism<br />

within the district councils <strong>for</strong> the protection of<br />

wildlife. The nature of <strong>for</strong>est management in<br />

northeast India is quite different from the rest of the<br />

country <strong>and</strong> involves people down to the village<br />

levels in determining the l<strong>and</strong> use. However, the<br />

status of wildlife conservation as a subject matter<br />

within the district councils appears vague <strong>and</strong>


Fig 1. WTI <strong>and</strong> GHADC officials discussing conservation strategies in Tura<br />

without any mention. The state is effecting wildlife<br />

protection within the National Parks, Wildlife<br />

Sanctuaries <strong>and</strong> Reserve Forests under their custody<br />

but who protects <strong>for</strong>ests within the jurisdiction of the<br />

district council ? Further, do the present laws <strong>and</strong> also<br />

the resources at their disposal allow the district<br />

councils to take the steps necessary <strong>for</strong> initiating <strong>and</strong><br />

achieving wildlife conservation <strong>and</strong> if they do, do the<br />

district councils have the capacity <strong>and</strong> the<br />

infrastructure to undertake all this ? These are some<br />

of the questions we wanted answers to when we<br />

initiated this project.<br />

It was imperative there<strong>for</strong>e that these doubts are<br />

cleared so that a roadmap <strong>for</strong> initiation of<br />

conservation activities in the district councils could be<br />

charted. A full review of the prevailing laws <strong>and</strong> their<br />

origins was conducted. This also involved meeting<br />

with members of the executive council to underst<strong>and</strong><br />

their views on the subject <strong>and</strong> also the constraints they<br />

faced in initiating wildlife conservation in their<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

respective areas. There were also certain issues with<br />

the central laws on <strong>for</strong>ests <strong>and</strong> wildlife <strong>and</strong> their<br />

applicability in the district councils. In the case of the<br />

Bodol<strong>and</strong> Territorial Council (BTC), the nomenclature<br />

used was different from that of an ‘Autonomous<br />

District Council as in Garo Hills or the ‘Autonomous<br />

Council’ as in Karbi-Anglong. Was this a difference in<br />

nomenclature only or did this imply differences in the<br />

way each functioned <strong>and</strong> how these then translated to<br />

initiating <strong>and</strong> achieving conservation ?<br />

We initiated work in the Garo Hills Autonomous<br />

District Council (GHADC) area with three predetermined<br />

activities. i) It was important to know the<br />

state of <strong>for</strong>ests in the Garo hills <strong>and</strong> thus maps were<br />

generated using satellite images which were then<br />

ground truthed. This provided us a distribution of the<br />

<strong>for</strong>est resources within the GHADC <strong>and</strong> the extent of<br />

different types of <strong>for</strong>ests available. ii) We also wanted<br />

to know how dependent the local people were on the<br />

<strong>for</strong>est resources <strong>and</strong> a questionnaire survey was<br />

9


conducted covering the whole of the Garo area to<br />

address issues of energy, wildmeat, incomes etc. iii)<br />

We studied peoples, perception on the issues of<br />

wildlife conservation <strong>and</strong> governance so that these<br />

could be communicated to the community leaders<br />

<strong>and</strong> policymakers. For this a questionnaire survey<br />

was undertaken.<br />

To underst<strong>and</strong> the ef<strong>for</strong>ts of GHADC to conserve<br />

the <strong>for</strong>est <strong>and</strong> wildlife, existing policies <strong>and</strong><br />

constraints faced by the Council, a <strong>for</strong>mal meeting<br />

was organised on June 30, 2006 attended by over 25<br />

members of the District Council (MDC) <strong>and</strong> five<br />

officials of WTI. The meeting was a <strong>for</strong>um to discuss<br />

the conservation of wildlife in ADC control led areas.<br />

A wide range of issues viz., awareness, potential<br />

threats to <strong>for</strong>ests <strong>and</strong> wildlife in Garo Hills,<br />

identification of ecologically sensitive area <strong>and</strong><br />

financial issues were discussed. One of the major<br />

outcomes of this <strong>and</strong> that of a subsequent meeting<br />

has been the <strong>for</strong>mation of a Wildlife Monitoring<br />

Committee <strong>for</strong> the <strong>for</strong>est areas under their<br />

management <strong>and</strong> control (vide notification No.<br />

CF.430/CW/ADC/06/3252-58, dated 21.12.2006). At<br />

the request of WTI <strong>and</strong> working with the local people,<br />

GHADC has also declared a part of the A’king <strong>for</strong>est<br />

at Selbalgre as Village Reserve <strong>for</strong>est.<br />

Wildlife Trust of India has been working in the<br />

Garo Hills since 2001 when it first provided antipoaching<br />

<strong>and</strong> en<strong>for</strong>cement training <strong>for</strong> the <strong>for</strong>est staff<br />

of Garo Hills <strong>and</strong> equipped them with basic kits <strong>for</strong><br />

effective management of Protected Areas <strong>and</strong> Reserve<br />

<strong>for</strong>est. In 2002, to address the issues of elephant<br />

habitat fragmentation <strong>and</strong> shrinkage <strong>and</strong> its negative<br />

effect on elephant conservation <strong>and</strong> as part of the<br />

National Project to identify <strong>and</strong> groundtruth the<br />

elephant corridors, all the elephant habitats of the<br />

state were intensively surveyed <strong>and</strong> the status of the<br />

corridors identified. This was documented in the<br />

report published in 2005 entitled “Right of Passage:<br />

elephant corridors of India”.<br />

One of the crucial bottlenecks in the Garo Hills<br />

Elephant Reserve <strong>for</strong> the movement of elephants is the<br />

narrow passage across the river Simsang that connects<br />

Siju Wildlife Sanctuary on the east bank of the river to<br />

the Rewak Reserve <strong>for</strong>est on the west. This facilitates<br />

the movement of elephant from Balpakram NP <strong>and</strong><br />

Siju WLS to Rewak, Angratoli <strong>and</strong> Imangiri Reserve<br />

Forest <strong>and</strong> Nokrek National Park (Williams &<br />

Johnsingh,1996, Gurung <strong>and</strong> Lahiri-Choudhury, 2000,<br />

Tiwari et al, 2005). Realizing the importance of this<br />

corridor <strong>and</strong> potential threats, Wildlife Trust of India<br />

initiated a project in 2003 to secure the corridor by<br />

working with the local community. The positive<br />

ef<strong>for</strong>ts of the local people, <strong>for</strong>est department, GHADC<br />

<strong>and</strong> WTI have resulted in securing the major part of<br />

this corridor.<br />

Thus, in collaboration with the Garo Hills ADC,<br />

<strong>for</strong>est department, local people, Nokmas <strong>and</strong> other<br />

NGOs working in Garo Hills, Wildlife Trust of India<br />

is making an ef<strong>for</strong>t to restore the l<strong>and</strong>scape between<br />

Nokrek (including fringe areas) <strong>and</strong> Balpakram to<br />

af<strong>for</strong>d a better habitat <strong>for</strong> wildlife <strong>and</strong> help reduce<br />

human-wildlife conflict.<br />

This compilation comprises of chapters dealing<br />

with all the above matters. The first section deals with<br />

trying to underst<strong>and</strong> the powers of the GHADC in the<br />

administration of its wildlife thereby bringing into<br />

discussion, provisions of all the central acts like the<br />

Wildlife (Protection) Act, the Forest Conservation Act<br />

<strong>and</strong> the Bio-diversity Act. This section also makes<br />

references to certain l<strong>and</strong>mark decisions affecting<br />

<strong>for</strong>est conservation <strong>and</strong> their possible impacts on<br />

conservation in the region.<br />

The next section deals with the surveys on <strong>for</strong>est<br />

availability through <strong>for</strong>est type <strong>and</strong> l<strong>and</strong> use maps<br />

generated from satellite images. This section provides<br />

an insight into the extent of <strong>for</strong>ests left <strong>and</strong> their<br />

distribution. The resource extraction chapter deals<br />

with how <strong>for</strong>est resources are utilized by local people<br />

<strong>and</strong> how dependent they are on the <strong>for</strong>ests followed<br />

by perception of the local people <strong>and</strong> policy makers<br />

on wildlife <strong>and</strong> <strong>for</strong>est conservation.<br />

The last section deals with protecting the Nokrek-<br />

Balpakram l<strong>and</strong>scape by securing the elephant<br />

corridors to facilitate movement of elephant <strong>and</strong> other<br />

wild animals between the major habitats <strong>and</strong> joining<br />

the small patches of <strong>for</strong>est fragmented by jhumming<br />

<strong>and</strong> other activities.<br />

The joint partnership between Wildlife Trust of<br />

India, the Garo Hills Autonomous Council, the<br />

Meghalaya <strong>for</strong>est department, British High<br />

Commission <strong>and</strong> World L<strong>and</strong> Trust, who provided<br />

financial assistance <strong>for</strong> these projects, has made an<br />

ef<strong>for</strong>t to complement the rich conservation traditions<br />

of the Garos. This is a small step in achieving<br />

sustainable conservation practices in the region but<br />

many more steps need to be taken to make this<br />

happen.<br />

10 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Forest Survey of India (2001). State of Forest Report.<br />

Forest Survey of India. Ministry of<br />

Environment <strong>and</strong> Forests, Govt. of India.<br />

Dehra Dun.<br />

Gurung, S. <strong>and</strong> Lahiri Choudhury, D.K. (2000). Project<br />

Elephant-human conflict in Asia state report on<br />

Meghalaya, India. Part-I. Asian Elephant<br />

Research <strong>and</strong> Conservation Centre<br />

Hilaluddin, Kaul, R. & Ghose, D., 2005. Conservation<br />

implications of wild animal biomass<br />

extractions in Northeast India. <strong>Animal</strong><br />

Biodiversity <strong>and</strong> Conservation, 28.2: 169–179.<br />

Mittermeier, Russell A., Patricio Robles Gil, Michael<br />

Hoffman, John Pilgrim, Thomas Brooks,<br />

Cristina Goettsch Mittermeier, John Lamoreux,<br />

<strong>and</strong> Gustavo A. B. da Fonseca (2005). Hotspots<br />

Fig 2. Garo girls in traditional attire<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

References<br />

Revisited: Earth's Biologically Richest <strong>and</strong> Most<br />

Endangered Terrestrial Ecoregions. Conservation<br />

<strong>International</strong>. 392 p<br />

Olson, D.M., <strong>and</strong> E. Dinerstein (1998). The Global 200:<br />

a representation approach to conserving the<br />

Earth's most biologically valuable ecoregions.<br />

Conservation Biology 12:502-515.<br />

Tiwari, S.K., Karyong, Sunil S., Sarkar, P., Choudhury,<br />

A. U. <strong>and</strong> Williams, A.C (2005). Elephant<br />

<strong>Corridors</strong> of North-eastern India. In. Menon,<br />

V., Tiwari, S.K., Easa, P.S. <strong>and</strong> Sukumar, R. eds.<br />

Right of Passage: Elephant corridors of India.<br />

Wildlife Trust of India, New Delhi.<br />

Williams, A. C. <strong>and</strong> Johnsingh, A. J. T. (1996).<br />

Threatened elephant corridors in Garo Hills,<br />

north-east India. Gajah 16 : 61-68.<br />

11


Geographical location<br />

The state of Meghalaya lies between 25°47' to<br />

26°10'N latitudes <strong>and</strong> 89°45' to 92°47'E<br />

longitudes in the northeastern state of India.<br />

This l<strong>and</strong> locked plateau has a highly dissected <strong>and</strong><br />

undulating topography, especially in the western <strong>and</strong><br />

the northern side. However, the southern side is<br />

characterized by continuous escarpments with steep<br />

slopes. The state has a 496 km long international<br />

boundary with Bangladesh in the south <strong>and</strong> west<br />

while northern <strong>and</strong> eastern sides are bordered by the<br />

state of Assam (Fig.1). Meghalaya was carved out of<br />

Assam as an autonomous state on April 2, 1970 <strong>and</strong><br />

Table 1 Summary of state statistics<br />

CHAPTER II<br />

A brief profile of Meghalaya<br />

Kiranmay Sarma<br />

{Souce : Directorate of Economic & Statistics 2002}<br />

was declared a full-fledged state of the Indian Union<br />

on January 21, 1972. The state of Meghalaya comprises<br />

of the Khasi, Garo <strong>and</strong> Jaintia hills. A summary of the<br />

demographic profile is given in Table 1.<br />

The Garo Hills of Meghalaya consist of three<br />

districts viz., East Garo Hills, West Garo Hills <strong>and</strong><br />

South Garo Hills (Fig. 2). The highest point of Garo<br />

hills is the Nokrek peak with an altitude of 1412m<br />

above msl. The total area of Garo Hills districts is<br />

8,167 km 2 , which is 36.4% of the total area of the<br />

state. The areas of East, West <strong>and</strong> South Garo Hills<br />

districts are 2,603, 3677 <strong>and</strong> 1,887 km 2 ,<br />

respectively.


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Fig.1 Map of the state of Meghalaya<br />

13


Fig. 2 Map of the three Garo Hills districts of Meghalaya<br />

14 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Climate<br />

The climate of the Garo Hills is monsoonal <strong>and</strong> is<br />

directly influenced by the south-west monsoon. On the<br />

basis of climatic conditions the year may be divided<br />

into summer, rainy, autumn <strong>and</strong> winter seasons. The<br />

summer season (April to mid May) is characterized by<br />

relatively high temperature, occasional thunderstorms<br />

<strong>and</strong> high velocity winds. In this season, the average<br />

maximum temperature goes upto 30.7º C. The rainy<br />

season commences with the onset of the south-west<br />

monsoon in mid May <strong>and</strong> lasts upto September. This is<br />

the wettest period of the year <strong>and</strong> about three fourths<br />

of the total annual rainfall is received during this<br />

period. The mean annual rainfall is 2400 mm. The<br />

ambient temperature is close to that of the summer<br />

season. The rainy season is followed by a brief autumn<br />

(October <strong>and</strong> November) which is characterized by a<br />

sharp decline in rainfall <strong>and</strong> lowering of temperature.<br />

This is a transitory period between rainy <strong>and</strong> winter<br />

seasons. The winter season (December to March) is the<br />

coldest period of the year. Morning fog <strong>and</strong> dry<br />

weather are the characteristic features of this season. A<br />

few intermittent light showers are also received during<br />

this period. The mean temperature goes down to 7.5ºC<br />

during mid winter i.e., December/January.<br />

Soil<br />

The soil of Garo Hills district varies from dark brown<br />

to dark reddish-brown in colour <strong>and</strong> its texture varies<br />

from loamy to fine loam. The soil is poor in silica but<br />

rich in clay <strong>for</strong>ming materials. The soils are rich in<br />

organic matter <strong>and</strong> nitrogen but deficient in<br />

phosphorous <strong>and</strong> potassium. The soil of the district is<br />

acidic in nature (Sarma, 2002).<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Demography<br />

Demographic statistics<br />

The tribal population of Garo Hills districts is 97.3%<br />

against the state tribal population of 80% (2001 State<br />

Census). The decennial growth rate of the tribal<br />

elements in Garo Hills districts is 24.50% against the<br />

state growth rate of 29.40%. The male-female<br />

population, decadal growth rate, sex ratio <strong>and</strong> density<br />

are given in Table 2 <strong>and</strong> details of the area, rural <strong>and</strong><br />

urban, child male-female population are given in<br />

Table 3.<br />

Literacy<br />

East Garo Hills district has maximum literacy<br />

(61.70%) followed by South Garo Hills (55.82%) <strong>and</strong><br />

West Garo Hills districts (51.03%). The literacy rates of<br />

the Garo Hills districts <strong>and</strong> the state is shown in Table<br />

4. The literacy rate is lower in the Garo Hills as<br />

compared to the state average.<br />

People<br />

The Garo Hills districts is dominated by the Garo<br />

tribe, while other tribes like Hajong <strong>and</strong> Rabha are<br />

also found in small numbers in isolated pockets, in<br />

areas bordering Assam. The matriarchal law of<br />

inheritance, by which custody to property <strong>and</strong><br />

succession of family position runs through the<br />

female line passing from the mother to the youngest<br />

daughter, is a common cultural tradition of Garo<br />

tribes. Christianity, Animism (the worship of<br />

nature deities <strong>and</strong> other spirits), Hinduism <strong>and</strong><br />

Islam are the main religions. Traditional customs<br />

are maintained, <strong>and</strong> religious festivals include<br />

Table 2 Population, decadal growth rate, sex ratio <strong>and</strong> density - State <strong>and</strong> Garo Hills Districts, 2001<br />

Source: Census of India 2001<br />

15


Table 3 Population, child population (age-group 0 -6 Years) in different Garo Hills districts of Meghalaya<br />

Table 4 Literates <strong>and</strong> literacy rates in different districts of Meghalaya<br />

varied <strong>for</strong>ms of dance <strong>and</strong> are an important element<br />

in the local culture. Wangala is the prominent<br />

festival of the Garos <strong>and</strong> is dedicated to the Sun<br />

God. The area is rich in tribal culture <strong>and</strong> folklore.<br />

Drinking <strong>and</strong> dancing to the accompaniment of<br />

traditional music, bamboo flutes, <strong>and</strong> drums are an<br />

integral parts of religious ceremonies <strong>and</strong> social<br />

functions. The advent of Christianity in the mid-<br />

19th century, along with its strict morality, has<br />

somewhat weakened many of the tribal institutions.<br />

[Source: Census of India-2001]<br />

[Source: Census of India-2001]<br />

The Garo Group is a part of the greater Bodo-Kachari<br />

family both by ethnic group <strong>and</strong> language. Their present<br />

location enabled them to maintain many of their traits <strong>and</strong><br />

characteristics. Significant changes came only after the<br />

British colonization of the area in the first half of the<br />

nineteenth century. However, the inhabitants of the<br />

frontier regions, displayed significant influences of the<br />

East Bengal Province <strong>and</strong> Assam. Geographically, the Garo<br />

tribes have two divisions viz., those living in the plains <strong>and</strong><br />

those living in the hills. There are twelve main divisions of<br />

16 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


the Hill-Garos <strong>and</strong> about six of the Plain-Garos. The Garos<br />

are mainly divided into three ‘exogamous’ clans called<br />

‘Katohis’: the Momins, the Maraks<strong>and</strong> Sangma as well as the<br />

subdivision known as the Machong. Exogamy is a<br />

marriage rule that requires an individual to marry outside<br />

a specific social group of which he or she is a member.<br />

The Garo tribal groups consist of the following<br />

sub-tribes.<br />

Ambeng – in the western part including Tura<br />

Atong – in the lower Simsang valley<br />

Matchi – in the upper reaches of Simsang valley<br />

Dual – in upper Simsang valley<br />

Akawa – in the north-eastern parts extending upto<br />

Goalpara <strong>and</strong> Kamrup in Assam<br />

Chibok – in upper Bhugi valley<br />

Ruga – in lower Bhugi valley<br />

Chisak – north of Matchi <strong>and</strong> Dual in the central<br />

highl<strong>and</strong>s<br />

Garo - Ganching– in the southwestern parts <strong>and</strong><br />

west of Atong<br />

Kotchu - in the eastern parts<br />

Koch - in the southwestern parts<br />

Besides these there are other sub-tribes like the<br />

Megamo in the mid-western parts <strong>and</strong> the Dikos.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Hajongs: The Hajongs seem to have their original<br />

home in the Garo Hills. They belong to the Dravidian<br />

Group of Indo-European family of races. In ancient<br />

times, the Hajongs as a clan had a matrilineal<br />

organization known as ‘Nikini’. According to their<br />

legends, they descended from the Himalayan<br />

Mountains.<br />

The Hajongs call themselves Hindus. They are<br />

divided into two groups, viz., ‘Boyabochari’<br />

(Sakta) <strong>and</strong> ‘ Parmathy’ (Vaishnab). They are<br />

further sub-divided into several exogamous<br />

groups. Durga<strong>and</strong> Kali are their principal deities.<br />

Administrative units<br />

Districts <strong>and</strong> headquarters<br />

Table 5 Area, population, number of township <strong>and</strong> headquarters of districts<br />

The Garo Hills comprising of three districts i.e., East,<br />

West <strong>and</strong> South are further divided into Community<br />

Development Blocks (Fig 3). The geographical area<br />

<strong>and</strong> the headquarters of the districts <strong>and</strong> CD blocks<br />

are shown in Table 5.<br />

[Source: Directorate of Economics & Statistics-2002]<br />

17


Fig. 3 Map showing blocks of the Garo Hills districts<br />

18 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Table 6 Administrative Units<br />

Apart from the district administration <strong>and</strong><br />

headquarters, the functional units of the districts are<br />

given in Table 6.<br />

Forest institutions<br />

Two major modern institutions responsible <strong>for</strong> <strong>for</strong>est<br />

management in Meghalaya are the State Forest<br />

Department <strong>and</strong> the Autonomous District Councils.<br />

The Forest Department of Meghalaya encompasses<br />

within its jurisdiction, all <strong>for</strong>ested areas of the state<br />

excluding those areas vested with the District<br />

Councils. The Forest Department started with two<br />

<strong>for</strong>est divisions, the United Khasi <strong>and</strong> Jaintia Hills<br />

Division <strong>and</strong> the Garo Hills Division. However, at<br />

present the <strong>for</strong>est department has 17 divisions <strong>and</strong> 3<br />

more divisions, are likely to be established. The<br />

present thrust of the <strong>for</strong>est department is on all<br />

round restoration of the <strong>for</strong>est ecosystem. The action<br />

plan envisages creation of public awareness <strong>and</strong><br />

greater involvement of people in af<strong>for</strong>estation<br />

programmes.<br />

The Autonomous District Council encompasses<br />

within its jurisdication, all areas outside National<br />

Parks, Sanctuaries <strong>and</strong> Reserve Forests <strong>and</strong> mainly<br />

comprises of Community <strong>and</strong> private <strong>for</strong>ests.<br />

Forest Administration<br />

Meghalaya has an estimated <strong>for</strong>est area of 9,506 sq.<br />

km, of which only 725.13 sq. km. (7.6%) is under the<br />

control of the State Forest Department. The<br />

remaining <strong>for</strong>est areas are under the direct/indirect<br />

control of Khasi, Jaintia <strong>and</strong> Garo Hills<br />

Autonomous District Councils. The management of<br />

reserve <strong>for</strong>ests is through the working plans<br />

prepared by the State Forest Department. The<br />

protected <strong>for</strong>ests are maintained to preserve the<br />

catchments areas.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Types of Forests under the jurisdiction of<br />

the District Councils<br />

There are three kinds of <strong>for</strong>ests under the jurisdiction<br />

of the District Councils:<br />

i) Old un-classed State Forests, which are under<br />

the direct control of District Councils<br />

ii) Clan/Community <strong>for</strong>ests <strong>and</strong><br />

iii) Private <strong>for</strong>ests<br />

The control of District Councils on second <strong>and</strong><br />

third categories of <strong>for</strong>ests is limited only to the<br />

collection of royalty on the timber exported by the<br />

owners, outside their own area of trade.<br />

L<strong>and</strong> use<br />

L<strong>and</strong> use classification<br />

[Source: Directorate of Economics & Statistics-2002]<br />

The l<strong>and</strong> use <strong>and</strong> ownership varies from society to<br />

society depending on their cultures. The beliefs,<br />

traditions <strong>and</strong> taboos also determine the l<strong>and</strong><br />

utilization pattern in the region. However, spatial<br />

<strong>and</strong> temporal variations in physical environment,<br />

climate, soil conditions, topography <strong>and</strong> natural<br />

vegetation play a significant role in deciding the<br />

type of use a l<strong>and</strong> is put under. For example, the<br />

l<strong>and</strong> on hill slopes is either covered by <strong>for</strong>ests or<br />

has been brought under shifting agriculture, while<br />

settled agriculture is practiced on the plain l<strong>and</strong>s<br />

in the valleys. The l<strong>and</strong> categories are shown in<br />

Table 7.<br />

The l<strong>and</strong> under <strong>for</strong>ests was 42.4% (9500.0 km 2 )<br />

during 1997-99. The l<strong>and</strong>s available <strong>for</strong> agriculture<br />

include the current fallow l<strong>and</strong>, old fallow l<strong>and</strong>s <strong>and</strong><br />

the net sown area. The total area available <strong>for</strong><br />

agriculture was 22% (4944.3 km 2 ). The other<br />

19


Table 7 Classification of area under different l<strong>and</strong> uses in Meghalaya<br />

cultivable l<strong>and</strong> excluding fallow l<strong>and</strong> includes the<br />

l<strong>and</strong> under miscellaneous tree crops <strong>and</strong> groves <strong>and</strong><br />

the cultivable wastel<strong>and</strong>. The area under<br />

miscellaneous tree crops <strong>and</strong> groves was 7% (1550.25<br />

km 2 ) during the year 1998-99 while the area under<br />

cultivable wastel<strong>and</strong> was 20.8% (4656 km 2 ) during<br />

1998-99. The l<strong>and</strong> not available <strong>for</strong> cultivation is<br />

categorized as non-agricultural l<strong>and</strong>, barren <strong>and</strong><br />

uncultivable l<strong>and</strong>.<br />

L<strong>and</strong> ownership patterns of Garos<br />

The UNO report on progress in l<strong>and</strong> re<strong>for</strong>m (1970) has<br />

given the definition of ownership of l<strong>and</strong> as “the right to<br />

use l<strong>and</strong>, together with the right to transfer that right to<br />

others. Both of these rights are more or less<br />

circumscribed by national or local laws, so that the exact<br />

context of ‘ownership’ varies from society to society”.<br />

The pattern of l<strong>and</strong> ownership plays an important<br />

role in l<strong>and</strong> use <strong>and</strong> agricultural planning. An<br />

underst<strong>and</strong>ing of the l<strong>and</strong> ownership <strong>and</strong> related<br />

laws gives an insight into the problems faced by the<br />

[Data source: Directorate of Agriculture, Government of Meghalaya, 2001<br />

society in implementing agricultural development<br />

<strong>and</strong> l<strong>and</strong> use planning. The <strong>for</strong>m of l<strong>and</strong> ownership<br />

<strong>and</strong> the accompanying laws in Meghalaya are quite<br />

different from those in other parts of the country.<br />

Even in Meghalaya these differ from place to place<br />

<strong>and</strong> from tribe to tribe. L<strong>and</strong> ownership in<br />

Meghalaya is broadly of two types, viz. 1) Riotwary,<br />

<strong>and</strong> 2) Customary. The principle of Riotwary system<br />

is that the government deals directly with the actual<br />

l<strong>and</strong>holder without the intervention of<br />

intermediaries. Customary l<strong>and</strong> tenure system is<br />

totally different from Riotwary system. In customary<br />

l<strong>and</strong> tenure, the right to use or to dispose of use right<br />

over l<strong>and</strong> depends on whether such rights have been<br />

recognized as legitimate or not by the community.<br />

The rules governing the transmission of these rights<br />

are usually explicit <strong>and</strong> generally known.<br />

In the Garo Hills, the Riotwary system is<br />

prevalent in the mauzas with plain l<strong>and</strong>s, <strong>and</strong> the<br />

customary l<strong>and</strong> tenure system is prevalent in the hill<br />

mauzas. The existing pattern of l<strong>and</strong> ownership in<br />

the Garo Hills is related to the type of cultivation<br />

20 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


practiced in the area. Everybody has the usufructary<br />

right on l<strong>and</strong>, i.e., they have the right to use l<strong>and</strong><br />

without possessing the actual ownership. But with<br />

the introduction of wet-rice cultivation that makes<br />

private ownership of the l<strong>and</strong> essential, there<strong>for</strong>e,<br />

private ownership is on the increase. In many cases<br />

private ownership is associated with permanent<br />

holdings. But unlike other peasant societies in the<br />

plains elsewhere in India, the Garos, even if they<br />

possess some sort of permanent holding, cannot<br />

transfer it to outsiders (non-natives) if the holding, is<br />

a part of Aabhang l<strong>and</strong>, i.e., the village territory under<br />

a Chief.<br />

Forest<br />

Meghalaya is a treasure house of vast natural<br />

wealth. Forests of different type viz., tropical, subtropical<br />

<strong>and</strong> temperate <strong>for</strong>est occur. Varied<br />

topography, climatic <strong>and</strong> edaphic conditions of the<br />

state favour the diversity of vegetation. Soil<br />

characteristics which affect the distribution, variety<br />

<strong>and</strong> richness of species, varies from place to place.<br />

However, wanton destruction of <strong>for</strong>ests, like in most<br />

other parts of the country, has diminished the state’s<br />

natural wealth.<br />

According to the State Forest Report (FSI. 2001)<br />

the <strong>for</strong>est cover of the state was 15, 584 . km 2 This<br />

accounts <strong>for</strong> around 69.5% of the state’s total<br />

geographic area. Per capita <strong>for</strong>est area in the state<br />

was 0.64 hectares compared to the national average<br />

of 0.11 hectares. The Reserved Forest, Protected<br />

Forest <strong>and</strong> National Parks under the control of the<br />

state government cover only 1124 km 2 while 8372<br />

km 2 is Un-classed Forest, managed by Autonomous<br />

District Councils <strong>and</strong> private owners.<br />

Agriculture<br />

Almost the entire state has been or is being<br />

influenced by shifting cultivation, except <strong>for</strong> some<br />

pockets of valley bottoml<strong>and</strong>s, <strong>and</strong> reserve <strong>for</strong>ests.<br />

Shifting cultivation is a type of agro <strong>for</strong>estry, <strong>and</strong> is<br />

the most widespread farming system involving<br />

sequential rotation of <strong>for</strong>est vegetation <strong>and</strong><br />

cultivated crops. It is characterized by clearing a<br />

patch of <strong>for</strong>est by slashing <strong>and</strong> burning vegetation,<br />

be<strong>for</strong>e planting crops <strong>for</strong> a year or two, <strong>and</strong> then<br />

leaving the l<strong>and</strong> fallow <strong>for</strong> a long period to allow the<br />

<strong>for</strong>est to regenerate. There are wide variations in<br />

this general pattern. This farming system has been<br />

an object of continual reproach by agricultural<br />

experts <strong>and</strong> development agencies <strong>for</strong> supposedly<br />

being destructive of the <strong>for</strong>est <strong>and</strong> soil fertility.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Those who are not aware of their complex social<br />

mechanisms of preventing despoliation of <strong>for</strong>ests<br />

tend to explain their practice of periodic <strong>for</strong>est<br />

clearance as an example of ‘the tragedy of the<br />

commons’. However, in the face of all opposition<br />

from agricultural experts <strong>and</strong> in spite of<br />

governmental programmes to phase it out, shifting<br />

cultivation (Jhum) has remained popular among<br />

most hill tribes in the humid tropics. The system<br />

persists because local farmers find it more<br />

productive than any other farming system on the<br />

hill slopes.<br />

Scientific literature has generally condemned<br />

Jhum as destructive to the soil, <strong>for</strong>est <strong>and</strong><br />

biodiversity. This is sometimes also upheld as an<br />

evidence of how indigenous peoples have blindly<br />

destroyed their environment. Agricultural experts<br />

allude to the presumed un-sustainability of this<br />

type of primitive agriculture to justify agricultural<br />

modernization <strong>and</strong> development. However,<br />

several studies have shown that traditional<br />

methods of shifting cultivation causes the lowest<br />

amount of soil erosion, even on steep hill slopes,<br />

compared with any other l<strong>and</strong> clearing <strong>and</strong> tillage<br />

system (Lal, 1987; Ramakrishnan, 1992; Forsyth,<br />

1994 ). Soil erosion is minimized by a brief period<br />

of exposure of the soil after burning, mulching,<br />

negligible or no tillage <strong>and</strong> traditional preventive<br />

measures like horizontal placing of unburnt logs<br />

across the slope (Mertz., 2002). The environmental<br />

impact of shifting cultivation depends more on the<br />

length of fallow <strong>and</strong> the pace of regeneration of the<br />

<strong>for</strong>est during fallow period than on the st<strong>and</strong>ard<br />

slash <strong>and</strong> burn activity. The jhum cycle in the past<br />

varied from 20 to 30 years but due to the increase in<br />

population the jhum cycle has now been reduced to<br />

around 3-5 years.<br />

In Meghalaya, 760 km 2 l<strong>and</strong> is under shifting<br />

cultivation <strong>and</strong> about 14% of the population of the<br />

state is involved in this activity. The practice of<br />

shifting cultivation is highly prevalent in the Garo<br />

Hills. Of the total number of house holds engaged in<br />

shifting cultivation in Meghalaya, 74% are from the<br />

Garo Hills alone (Table 8). Jhum is practiced at<br />

altitudes between 100 <strong>and</strong> 1600 m.<br />

Cropping pattern<br />

Mixed cropping is a common feature in shifting<br />

agriculture. Yam, cucumber, watermelon <strong>and</strong> other<br />

vegetables are commonly grown during the kharif<br />

season while during the rabi season beans, cabbage<br />

<strong>and</strong> mustard are grown in the same plot of l<strong>and</strong>. The<br />

21


Table 8 Number of jhumias in Garo Hills districts <strong>and</strong> the state<br />

main crops under jhum cultivation are rice, maize,<br />

millets, oil seeds <strong>and</strong> cash crops. About 40 to 71% of<br />

the area of different districts of the state is utilized<br />

<strong>for</strong> cultivation of rice, 8 to 16% area <strong>for</strong> other food<br />

crops, 0.3 to 8.0% <strong>for</strong> oil seed crops <strong>and</strong> 14 to 40% <strong>for</strong><br />

cash crops. Wheat <strong>and</strong> small millets are grown in<br />

Forsyth, T. J. 1994. The use of cesium-137<br />

measurements of soil erosion <strong>and</strong> farmer’s<br />

perceptions to indicate l<strong>and</strong> degradation<br />

amongst shifting cultivators in Northern<br />

Thail<strong>and</strong>. Mountain Research <strong>and</strong> Development<br />

14: 229-244.<br />

Lal, R. 1987. Need <strong>for</strong> approaches to <strong>and</strong> consequences<br />

of l<strong>and</strong> clearing <strong>and</strong> development in the<br />

tropics. pp. 15-27. In: IBSRAM, Tropical L<strong>and</strong><br />

Clearing <strong>for</strong> Sustainable Agriculture. Proceedings<br />

of an IBSRAM Inaugural Workshop (Jakarta <strong>and</strong><br />

Bukittingi, Indonesia, 27.8 – 3.9. 1985).<br />

IBSRAM. Bangkok.<br />

22<br />

[Source: Soil & Water Conservation Department, Government of Meghalaya, 2000]<br />

References<br />

East <strong>and</strong> West Garo Hills districts <strong>and</strong> potato is<br />

grown only on 1-2% of l<strong>and</strong>. In the Garo Hills,<br />

tapioca, jute, mesta, cotton <strong>and</strong> banana are the major<br />

cash crops. Seasame, rape <strong>and</strong> mustard are the<br />

major oil seeds grown in jhuml<strong>and</strong>s.<br />

Mertz, Ole 2002. Rethinking the fallow-yield<br />

relationship in shifting cultivation.<br />

Agro<strong>for</strong>estry Systems. 55: 149-159.<br />

P.S. Ramakrishnan, 1992. Shifting agriculture <strong>and</strong><br />

sustainable development: An interdeciplinary<br />

study from northeastern India, MAB Series, Vol<br />

10, UNESCO, Paris<br />

Sarma, K. 2002. Coal mining <strong>and</strong> its impact on<br />

environment of Nokrek Biosphere Reserve,<br />

Meghalaya. Ph.D Thesis. North-Eastern Hill<br />

University. Shillong. India.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Introduction<br />

In 1996, the Supreme Court of India suspended the<br />

felling of all trees from all <strong>for</strong>ests across the<br />

country <strong>and</strong> specifically in the North East. The<br />

Supreme Court clarified that the order would be<br />

applicable to all <strong>for</strong>ests irrespective of ownership <strong>and</strong><br />

classification <strong>and</strong> that it would also apply to <strong>for</strong>ests<br />

under the Control <strong>and</strong> management of Garo<br />

Autonomous Council <strong>and</strong> other Autonomous<br />

Councils. The Supreme Court’s order had far reaching<br />

implications on the management of <strong>for</strong>ests by the<br />

Garo Autonomous Council <strong>and</strong> District Councils <strong>and</strong><br />

perhaps <strong>for</strong> the first time, attention was focused on<br />

the role played by the District Councils in the<br />

management of <strong>for</strong>ests. For many observers <strong>and</strong> even<br />

ecologists, it was a surprise that vast areas of <strong>for</strong>ests<br />

were not under the control of the <strong>for</strong>est department of<br />

the State Governments but rather vested with tribal<br />

bodies, communities as well as individuals.<br />

The Supreme Courts’s order met with mixed<br />

reaction. It did, however, raise fundamental questions<br />

about the nature in which the <strong>for</strong>ests were being<br />

managed by District Councils. An offshoot of this order<br />

was that if there was lack of management of <strong>for</strong>ests,<br />

what was the condition of ‘wildlife’ since even the<br />

Supreme Court order did not cover the crucial aspect of<br />

wildlife conservation, though one can argue that if<br />

<strong>for</strong>ests are adequately protected, the wildlife will also be<br />

protected.<br />

It is ironic, that despite large areas of <strong>for</strong>ests being<br />

under the control of District Councils, the<br />

Constitutional <strong>and</strong> Legal framework does not provide<br />

any role <strong>for</strong> the District Councils in the protection <strong>and</strong><br />

conservation of wildlife.<br />

CHAPTER III<br />

Forest <strong>and</strong> wildlife conservation in Garo Hills autonomous<br />

district council- a policy analysis<br />

Ritwick Dutta<br />

However, despite this Constitutional reality, legal<br />

<strong>and</strong> administrative policies have failed to focus on<br />

this crucial role of District Councils <strong>and</strong> seem to<br />

proceed with the assumption that all l<strong>and</strong>s are<br />

managed by the State Governments. Different policies<br />

<strong>and</strong> action plans such as the National Wildlife Action<br />

Plan, 2002 also makes no mention of the role of the<br />

Councils despite the fact that some of the most<br />

important wildlife sanctuaries, national parks as well<br />

as tiger reserves are under the control of these<br />

councils. Recent amendments in the Wildlife Act have<br />

provided greater space <strong>for</strong> NGOs, Communities <strong>and</strong><br />

Members of legislature but un<strong>for</strong>tunately provide no<br />

direct role <strong>for</strong> these councils.<br />

The aim of the present work is to identify gaps in<br />

the existing conservation laws <strong>and</strong> policies in order to<br />

ensure a meaningful <strong>and</strong> effective role of Garo<br />

Autonomous Council. The aim is to provide specific<br />

areas of concern which need to be addressed through<br />

policy, legal <strong>and</strong> administrative changes.<br />

The present study aims at the following:<br />

Outline the gaps in existing laws with respect<br />

to the role <strong>and</strong> responsibility of the Garo<br />

Autonomous Council in conservation of<br />

wildlife <strong>and</strong> <strong>for</strong>ests<br />

Share the experiences of the Garo<br />

Autonomous Council in managing <strong>for</strong>ests<br />

<strong>and</strong> wildlife.<br />

To identify as to whether there is any ‘role’<br />

envisaged in law <strong>and</strong> policy <strong>for</strong> Garo<br />

Autonomous Councils <strong>and</strong> especially in the<br />

Wildlife (Protection) Act, 1972, the Forest<br />

(Conservation) Act, 1980 <strong>and</strong> the Biological<br />

Diversity Act, 2002.


To make recommendation <strong>for</strong> changes within<br />

the existing laws <strong>and</strong> policies or to make use<br />

of existing spaces so that the purpose of<br />

wildlife conservation is achieved.<br />

The purpose of the study is not to make a wish list<br />

of all that is desirable but rather a realistic suggestion<br />

which is reasonably achievable within the existing<br />

political, administrative <strong>and</strong> constitutional framework.<br />

District councils<br />

The District Councils are a creation of the Constitution.<br />

It is peculiar to the Sixth Schedule of the Constitution<br />

<strong>and</strong> has no parallel in any other provisions including<br />

the Fifth Schedule which concerns the Tribal areas in<br />

regions excluding the North East. The Sixth Schedule<br />

has been termed as a “Constitution within a<br />

Constitution”. There were lengthy debates in the<br />

Constituent Assembly when the question of providing<br />

a proper constitutional set up <strong>for</strong> the tribal areas of<br />

North East was debated. A Sub Committee headed by<br />

Shri Gopinath Bordoloi, the Premier of Assam was<br />

<strong>for</strong>med on 27th February, 1947. The Committee made<br />

field visits to different parts of Assam <strong>and</strong> once the<br />

report was laid be<strong>for</strong>e the Constituent Assembly,<br />

serious opinions were expressed both <strong>for</strong> <strong>and</strong> against<br />

the need <strong>for</strong> autonomous councils. According to Dr.<br />

Ambedkar, the Chairman of the Constituent<br />

Assembly, the tribal people of Assam differed from the<br />

tribals in other other areas. Their laws of inheritance,<br />

laws of marriages, custom etc were quite different<br />

from that of the Hindus. He felt that the position of the<br />

tribals in Assam was somewhat analogous to that of<br />

the Red Indians in the United States who are a<br />

Republic by themselves in that country <strong>and</strong> were<br />

regarded as a separate <strong>and</strong> independent people. He<br />

agreed that Regional <strong>and</strong> District Councils be created<br />

on the lines which were adopted by the United States<br />

<strong>for</strong> the purpose of the Red Indians.<br />

Originally, the Constitution provided only <strong>for</strong><br />

District Councils in the Tribal States of the North East.<br />

At present the following situation exists with respect<br />

to the Sixth Schedule:<br />

In case of Meghalya, “Autonomous District<br />

Councils” (ADC’s) exist. The ADC’s in Meghalaya<br />

retain almost the same powers <strong>and</strong> functions as were<br />

conferred originally in the constitution. In comparison<br />

to the other Tribal Councils, the ADC’s of Meghalaya<br />

have the least number of subjects allocated to it. It also<br />

does not exercise executive powers with respect to<br />

Reserved Forests, National Parks <strong>and</strong> Sanctuaries<br />

within its domain.<br />

Despite all the Councils been constituted under the<br />

Sixth Schedule, the powers <strong>and</strong> functions differ<br />

considerably.<br />

(Note: <strong>for</strong> a sake of uni<strong>for</strong>mity, in this work a common<br />

word “Tribal Council” is being used <strong>for</strong> Autonomous<br />

Councils, Autonomous District Councils or Territorial<br />

Councils)<br />

Conservation laws <strong>and</strong> Garo<br />

Autonomous Council<br />

The conservation laws of India are essentially a post<br />

independence development. Although there were a<br />

range of laws on <strong>for</strong>ests as well as wildlife, there were<br />

none dealt in a holistic way with the issue of<br />

conservation <strong>and</strong> protection of the natural ecosystem.<br />

The enactment of the Wildlife (Protection) Act, 1972<br />

(‘Wildlife Act’ <strong>for</strong> short) was the first important<br />

milestone in the development of conservation laws in<br />

India, when <strong>for</strong> the first time a comprehensive law to<br />

provide <strong>for</strong> protection of wildlife on a national level<br />

was enacted. The enactment of the Wildlife Act<br />

reflected a strong commitment <strong>and</strong> willingness on<br />

the part of the political leadership to deal with a crisis<br />

which had emerged in the country after Independence<br />

due to lack of regulation of hunting as well as well as<br />

a breakdown of customary <strong>and</strong> traditional norms<br />

under the influence of both democracy as well as the<br />

growing level of industrialization.<br />

From 1972 to the next two decades there were<br />

significant legal developments in the field of <strong>for</strong>ests <strong>and</strong><br />

wildlife. The Forest (Conservation) Act, 1980 was<br />

enacted which aimed to regulate the diversion of <strong>for</strong>est<br />

l<strong>and</strong> <strong>for</strong> non <strong>for</strong>est activity. The Environment<br />

(Protection) Act, 1986 was enacted to deal with a range<br />

of environmental issues. In 2002, the Biological Diversity<br />

Act, 2002 was enacted which provided not just <strong>for</strong><br />

conservation but also <strong>for</strong> sustainable use as well as<br />

benefit sharing of the biological resources. An interesting<br />

point that emerges after perusal of these laws, is that<br />

although Municipal bodies, Panchayats <strong>and</strong> even NGOs<br />

have important role in the implementation of these laws,<br />

the very mention of District Council is not evident. The<br />

legal regime seems to have been based on the model of<br />

Central, State as well as local bodies which are mostly<br />

confined to Panchayats. This omission in the original<br />

law as well as subsequent amendments seriously<br />

undermines the importance as well as powers <strong>and</strong><br />

functions conferred on the Tribal Councils.<br />

Since 1996, the Supreme Court has played a major<br />

role in ensuring that the laws enacted <strong>for</strong> the<br />

protection of <strong>for</strong>ests <strong>and</strong> wildlife are implemented in<br />

letter <strong>and</strong> spirit. This was possible due to two<br />

significant cases viz. The Centre <strong>for</strong> Environmental Law<br />

24 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Vs Union of India (W.P (c) 202 of 1995 <strong>and</strong> the T. N<br />

Godavarman Thirumulpad Vs Union of India. (W.P (c) No<br />

202 of 1995). Significantly, the Supreme Court<br />

recognized the importance as well as the crucial role<br />

played by the Tribal Councils <strong>and</strong> clarified in its order<br />

that in respect of its orders passed with respect to the<br />

protection of <strong>for</strong>ests the word “State Government’<br />

will include ‘District Councils’ 1 .<br />

A perusal of the provisions of the different<br />

Conservation as well as natural resources law vis a vis<br />

the role of the Garo Autonomous Council will reveal<br />

gap areas which needs to be addressed <strong>and</strong> at the<br />

same time identify areas where the Garo Autonomous<br />

Council can play a role in protecting <strong>for</strong>ests <strong>and</strong><br />

wildlife within the framework of the existing laws.<br />

This section also focuses on the role of the Garo<br />

Autonomous Council in creation of Protected Areas.<br />

Wildlife (Protection) Act, 1972<br />

The Wildlife (Protection) Act, 1972, was enacted<br />

initially <strong>for</strong> the purpose of protecting wild animal <strong>and</strong><br />

birds. The scope changed over time <strong>and</strong> now much<br />

wider, ensuring the environmental <strong>and</strong> ecological<br />

security of the country. Un<strong>for</strong>tunately, despite the<br />

wider scope, the protection remains mostly<br />

concentrated in Protected Areas i.e national parks<br />

<strong>and</strong> sanctuaries <strong>and</strong> its scope <strong>for</strong> protection of wildlife<br />

outside the Protected Areas remains extremely<br />

limited.<br />

The Wildlife Act has been amended several times,<br />

the most recent being in 2006. New Authorities <strong>and</strong><br />

Boards have been set up <strong>and</strong> new categories of<br />

Protected Areas such as Community Reserves <strong>and</strong><br />

Conservation Reserves have been included. However,<br />

there is no direct mention of the Tribal Councils in any<br />

of the recent amendments.<br />

‘Wildlife’ occupies a rather anomalous position<br />

with respect to the Garo Autonomous Council.<br />

Originally ‘Wildlife’ as a subject did not exist as a<br />

subject either in the state list or the concurrent list <strong>and</strong><br />

there<strong>for</strong>e the lack of mention of ‘Wildlife” in the list of<br />

subjects over which the Garo Autonomous Council<br />

could make laws was underst<strong>and</strong>able. However, the<br />

42 nd Amendment of the Constitution led to the<br />

insertion of ‘Wildlife’ as item 17 A in List III of the<br />

Constitution i.e a subject on which both the Centre<br />

<strong>and</strong> the State could legislate. Yet, no specific changes<br />

were made in the provisions of the Sixth schedule to<br />

accommodate these changes <strong>and</strong> thus it came to be<br />

understood that Garo Autonomous Council had no<br />

1 Order dated 15-1-1998: T.N Godavarman Thirmulpad Vs Union of India<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

role vis-a-vis wildlife. The subsequent amendments to<br />

the Sixth Schedule as well as changing nature of<br />

Autonomy of the Tribal Council specially in the case<br />

of Garo Autonomous Council also focus on ‘Forest’ as<br />

subject on which the Council have legislative,<br />

administrative <strong>and</strong> executive functions.<br />

The Garo Autonomous Council has never enacted<br />

any laws to protect wildlife since they have been<br />

constitutionally given the power to make laws with<br />

regard to <strong>for</strong>ests only. The non-entrustment of the<br />

power to make laws by the Garo Autonomous<br />

Council <strong>for</strong> the protection of wildlife in the Sixth<br />

Schedule by the Constitution makers can be explained<br />

by the fact that when the Constitution was enacted<br />

there was hardly any knowledge or awareness about<br />

the ‘value’ of wildlife. However, it is un<strong>for</strong>tunate that<br />

even after the enactment of the Wildlife (Protection)<br />

Act, 1972, no amendment has taken place to allow the<br />

Garo Autonomous Council or any other District<br />

Council to make laws with regard to the protection of<br />

the wildlife. Also the various Government policies,<br />

projects <strong>and</strong> legislation with regard to wildlife have<br />

simply assumed that most of the <strong>for</strong>est l<strong>and</strong>s <strong>and</strong><br />

wildlife habitat in the country is under the control of<br />

the State Forest Department <strong>and</strong> has overlooked the<br />

unique circumstances prevailing in the North Eastern<br />

region.<br />

The analysis of the Wildlife Act is being done vis a<br />

vis the Garo Autonomous Council in three respects:<br />

The Role of Garo Autonomous Council in the<br />

different authorities <strong>and</strong> bodies such as the<br />

State Board <strong>for</strong> Wildlife <strong>and</strong> National Board<br />

<strong>for</strong> Wildlife;<br />

The Garo Autonomous Council <strong>and</strong> its<br />

relation with the Chief Wildlife Warden;<br />

The role of Garo Autonomous Council in the<br />

creation of Protected Areas viz. National<br />

Parks, Sanctuaries, Conservation Reserve <strong>and</strong><br />

Community Reserve.<br />

Authorities <strong>and</strong> boards<br />

State board <strong>for</strong> wildlife<br />

Sec. 6 of WPA, 1972, provides <strong>for</strong> the provision to<br />

constitute State Board <strong>for</strong> Wildlife with the following<br />

duties to per<strong>for</strong>m:-<br />

(a) In the selection <strong>and</strong> management of areas to<br />

be declared as protected areas;<br />

(b) In <strong>for</strong>mulation of the policy of protection <strong>and</strong><br />

conservation of Wildlife <strong>and</strong> specified plants;<br />

25


(c) In any matter relating to any schedule;in<br />

relation to the measures to be taken <strong>for</strong><br />

harmonizing the needs of the tribals <strong>and</strong><br />

other dwellers of the <strong>for</strong>est with the<br />

protection <strong>and</strong> conservation of wildlife; <strong>and</strong><br />

(d) in any matter that may be referred to its by<br />

the State Government<br />

SCOPE:<br />

State Board of Wildlife has got crucial responsibilities<br />

regarding creation, management <strong>and</strong> protection with<br />

respect to protected areas. The State Board comprises<br />

of over twenty members including members of<br />

Legislative Assembly as well as NGOs. However, no<br />

representation either in the <strong>for</strong>m of elected members<br />

of the Garo Autonomous Council or of officers of the<br />

Garo Autonomous Council are mentioned. Given, the<br />

pivotal role of the Garo Autonomous Council<br />

specially in respect of administration of National<br />

Parks, Tiger Reserves <strong>and</strong> Sanctuaries under their<br />

control, the representatives from the Council should<br />

be included not only with a view to ensure<br />

representation in the board but also with a view to<br />

fulfill the Constitutional scheme.<br />

National board <strong>for</strong> wildlife<br />

The Indian Board <strong>for</strong> Wildlife (IBWL) was the<br />

predecessor of the National Board <strong>for</strong> Wildlife.<br />

However, the crucial <strong>and</strong> most significant difference<br />

is the fact that while the NBWL is a statutory board,<br />

the IBWL was not. The NBWL headed by the Prime<br />

Minister has vast powers, the most significant being<br />

the power to alter the boundaries of National Parks<br />

<strong>and</strong> Sanctuaries. Like the SBWL, the NBWL also has<br />

wide representation from different sectors.<br />

Un<strong>for</strong>tunately, no mention is made of the Garo<br />

Autonomous Council.<br />

The chief wildlife warden<br />

Under the provisions of the Wildlife Act, the Chief<br />

Wildlife Warden (CWLW) is a crucial authority. By<br />

virtue of Section 33, the ‘Chief Wildlife Warden shall<br />

be the authority who shall control, manage <strong>and</strong><br />

maintain all sanctuaries. A plain reading of this<br />

section seems to imply that the powers under Section<br />

33 can be exercised only by the CWLW <strong>and</strong> nobody<br />

else. However, Section 5 allows <strong>for</strong> the delegation of<br />

all powers (except powers under Section 11 (1) (a)<br />

which deals with hunting of Schedule I Species) by<br />

the CWLW with the approval of the State<br />

Government. Thus, the authority to control <strong>and</strong><br />

manage Sanctuaries <strong>and</strong> National Parks <strong>and</strong> other<br />

protected areas can be delegated by the CWLW to the<br />

concerned functionaries of the Garo Autonomous<br />

Council. Further, sub section (3) of Section 5 provides<br />

that in situations wherein the powers of Chief Wildlife<br />

Warden are delegated, then the person so authorized<br />

will exercise those powers in the same manner <strong>and</strong> to<br />

the same effect as if they have been conferred the<br />

power directly <strong>and</strong> not by way of delegation.<br />

One aspect on which the Chief Wildlife Warden<br />

will continue to exercise control over Garo<br />

Autonomous Council areas is in the respect of<br />

permission <strong>for</strong> hunting under Section 11 (1) (a) of the<br />

Wildlife Act <strong>for</strong> species listed in Schedule I of the Act<br />

in exceptional circumstances i.e when the wild animal<br />

is diseased or disabled so as to be beyond recovery or<br />

has become a danger to human life. Thus despite the<br />

legal as well as Constitutional provision providing <strong>for</strong><br />

delegation of administrative <strong>and</strong> executive functions,<br />

the role of the CWLW in Garo Autonomous Area is<br />

predominant.<br />

Creating protected areas in Tribal Councils<br />

Conservation Reserve<br />

Purpose<br />

Protection of l<strong>and</strong>scapes, seascapes, flora <strong>and</strong><br />

fauna <strong>and</strong> their habitat particularly:<br />

(i) Those adjacent to National Parks <strong>and</strong><br />

Sanctuaries. And;<br />

(ii) Also areas that link one Protected Area with<br />

another.<br />

“Protected area” has been defined in the Act to<br />

mean a National Park, a Sanctuary, a conservation<br />

reserve or a community reserve notified under Section<br />

18, 35, 36 A <strong>and</strong> 36 C of the Act.<br />

In the selection of an area as a Conservation<br />

Reserve, the choice is not to be exclusively limited to<br />

those areas which meet the above criteria but also<br />

other areas.<br />

Statutory Provision<br />

Section 36 A of the Wildlife (Protection) Act, 1972<br />

as amended in 2002.<br />

Power to declare conservation reserve<br />

State Government has been vested with the power<br />

to declare areas as Conservation Reserves. [Section<br />

36 A]. No corresponding power has been vested<br />

either on the Central Government (as is the case of<br />

National Parks or Sanctuaries) or any other<br />

authorities. However, if the l<strong>and</strong> in question is<br />

26 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


owned by the Central Government, the prior<br />

concurrence of the Central government has to be<br />

obtained by the State Government be<strong>for</strong>e making<br />

any declaration. Since the executive power with<br />

respect to ‘Forests’ is vested with Garo Autonomous<br />

Councils, in such a situation a declaration should be<br />

made by the Council since declaration of a<br />

Conservation Reserve is an executive function <strong>and</strong><br />

not a legislative function. Thus, the Tribal Councils<br />

are very much within their right to declare<br />

Conservation Reserves<br />

Criteria to be followed in declaring an area<br />

as conservation reserve<br />

The l<strong>and</strong> proposed to be declared must be<br />

owned by either the State Government or the<br />

Central Government.<br />

A Single notification has to be issued<br />

specifying as nearly as possible the situation<br />

<strong>and</strong> limits of such area. It shall be sufficient to<br />

describe the area by road, rivers, ridges <strong>and</strong><br />

other well know or readily intelligible<br />

boundaries.<br />

Unlike a Sanctuary (other than those created<br />

out of Reserve Forests <strong>and</strong> Territorial Waters)<br />

<strong>and</strong> a National Park, no detailed procedure is<br />

stipulated <strong>for</strong> the declaration of a<br />

Conservation Reserve.<br />

Prior approval of the Central Government will<br />

be required if the l<strong>and</strong> in question is owned<br />

by the Central Government.<br />

In selection of areas as Conservation Reserve,<br />

priority has to be accorded to:<br />

(a) Areas adjacent to National Parks <strong>and</strong><br />

Sanctuaries.<br />

(b) Areas that link one Protected area with<br />

another.<br />

Consultation with local communities.<br />

Setting up of Conservation Reserve Management<br />

Committee (CRMC) <strong>for</strong> the respective Conservation<br />

Reserve <strong>for</strong> the purposes of advising the Chief<br />

Wildlife Warden <strong>for</strong> conservation, management <strong>and</strong><br />

maintenance of that Conservation Reserve.<br />

Rights of local communities<br />

Since the l<strong>and</strong> to be declared as Community<br />

reserve has to be Government owned l<strong>and</strong>, the<br />

nature <strong>and</strong> extent of pre-existing rights will be<br />

subject to the restrictions as are applicable to a<br />

Conservation Reserve. The WPA does not envisage<br />

the setting up of Conservation Reserves in private<br />

or community l<strong>and</strong>.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Nature of restriction after declaration of an<br />

area as a conservation reserve<br />

The nature of restrictions is similar to that of a<br />

Sanctuary.<br />

1. Every person shall, so long as he resides in a<br />

Conservation Reserve be bound [as far as may<br />

be] abide by the following :<br />

a) to prevent the commission, in the<br />

Conservation Reserve, of an offence<br />

against this Act;<br />

b) where there is reason to believe that any<br />

such offence against this Act has been<br />

committed in such Conservation Reserve,<br />

to help in discovering <strong>and</strong> arresting the<br />

offender;<br />

c) to report the death of any wild animal <strong>and</strong><br />

to safeguard its remains until the Chief<br />

Wild Life Warden or the authorized<br />

officer takes charge thereof;<br />

d) to extinguish any fire in such<br />

Conservation Reserve of which he has<br />

knowledge or in<strong>for</strong>mation <strong>and</strong> to<br />

prevent from spreading, by any lawful<br />

means in his power, any fire within the<br />

vicinity of such Conservation Reserve<br />

of which he has knowledge or<br />

in<strong>for</strong>mation; <strong>and</strong><br />

e) to assist any Forest Officer, Chief Wild<br />

Life Warden, Wild Life Warden or Police<br />

Officer dem<strong>and</strong>ing his aid <strong>for</strong> preventing<br />

the commission of any offence against this<br />

Act or in the investigation of any such<br />

offence.<br />

f) No person shall, with intent to cause<br />

damage to any boundary-mark of a<br />

Conservation Reserve or to cause<br />

wrongful gain as defined in the Indian<br />

Penal Code, 1860 (45 of 1860), alter,<br />

destroy, move or deface such boundarymark.<br />

g) No person shall tease or molest any wild<br />

animal or litter the grounds of<br />

Conservation Reserve.<br />

h) Causing fire prohibited - No person shall<br />

set fire to a sanctuary, or kindle any fire, or<br />

leave any fire burning, in a sanctuary, in<br />

such manner as to endanger such<br />

sanctuary.<br />

e) Ban on use of injurious substances. - No<br />

person shall use, in a Conservation<br />

reserve, chemicals, explosives or any<br />

other substances which may cause injury<br />

to or endanger, any wild life in such<br />

sanctuary<br />

27


Management <strong>and</strong> administration of<br />

conservation reserve<br />

The management <strong>and</strong> administration of the<br />

Conservation Reserve vests in the Chief Wildlife<br />

Warden. A Conservation Reserve Management<br />

Committee (CRMC] has to be constituted <strong>for</strong> each<br />

Conservation Reserve, The task of the CRMC is to<br />

advise the Chief Wildlife Warden with respect to the<br />

following functions with respect to the Conservation<br />

Reserve<br />

Conservation;<br />

Management; <strong>and</strong><br />

Maintenance.<br />

The function of the CRMC is thus advisory in<br />

nature.<br />

Composition of the CRMC<br />

One representative of each Village Panchayat<br />

where the Conservation Reserve is located.<br />

Three representatives of NGO’s working in<br />

the field of Wildlife Conservation.<br />

One representative from the Department of<br />

Agriculture<br />

One representative from the Department of<br />

<strong>Animal</strong> Husb<strong>and</strong>ry<br />

One representative of the Forest or Wildlife<br />

Department<br />

The representative of the Forest or Wildlife<br />

department shall function as the Member<br />

Secretary of the Committee.<br />

Duties of the Chief Wildlife Warden<br />

(CWLW)<br />

The CWLW on the advice of the CRMC will conserve,<br />

manage <strong>and</strong> maintain the Conservation Reserve.<br />

The CWLW (On the advise of the CRMC) shall<br />

take such steps to ensure the security of wild<br />

animals in the Conservation Reserve <strong>and</strong> the<br />

preservation of the sanctuary <strong>and</strong> wild life, as he<br />

may consider necessary <strong>for</strong> the improvement of any<br />

habitat.<br />

Procedure <strong>for</strong> alteration of boundaries<br />

No procedure has been stipulated in the WPA.<br />

However, the provisions of the Forest (Conservation)<br />

Act, 1980, will be applicable if any non <strong>for</strong>est use is<br />

contemplated.<br />

Comments <strong>and</strong> notes<br />

Conservation Reserve has been introduced as a new<br />

category of protected area in the WPA, through the<br />

amendment in 2002. The statement of Objects <strong>and</strong><br />

Reasons of the Amendment Act, 2002 states that<br />

“Conservation Reserve” would be an area, owned by<br />

the State Government adjacent to National Parks <strong>and</strong><br />

Sanctuaries…”. The statutory provisions however do<br />

not restrict it only to these categories <strong>and</strong> includes<br />

wider categories of areas. Conservation Areas more or<br />

less follows the legal regimes as are applicable to<br />

National Parks <strong>and</strong> Sanctuaries. Although, a<br />

representative body in the <strong>for</strong>m of a Conservation<br />

Reserve Management Committee is established under<br />

the WPA, it role is essentially advisory <strong>and</strong> the final<br />

authority still rests with the Chief Wildlife Warden of<br />

the State Government. The WPA envisages<br />

declaration of only government owned areas as<br />

Conservation Reserves <strong>and</strong> this in terms restricts the<br />

applicability of this PA category.<br />

The process of declaration is relatively simple,<br />

mainly due to the fact that the l<strong>and</strong> in question is<br />

government owned. The WPA does not however<br />

provide <strong>for</strong> any system of inquiry <strong>and</strong> settlement nor<br />

compensation <strong>for</strong> those who depend on such<br />

government owned l<strong>and</strong> <strong>and</strong> there is no procedure <strong>for</strong><br />

the proclamation as is followed in the declaration of a<br />

sanctuary or national park. A single government<br />

notification results in the declaration of a<br />

Conservation Reserve <strong>and</strong> in that respect follows the<br />

procedure of declaration of sanctuary out of an area<br />

comprised of a reserve <strong>for</strong>ests.<br />

Conservation reserves <strong>and</strong> Garo<br />

autonomous council<br />

The moot question is whether the Conservation<br />

Reserve is a viable option <strong>for</strong> the Garo Autonomous<br />

Council? It can be stated that broadly, the problem is<br />

that there seems to an excessive emphasis on the role<br />

of the Chief Wildlife Warden which can be in conflict<br />

with the ‘autonomous’ character of the Garo<br />

Autonomous Councils. However, the ease of<br />

declaration <strong>and</strong> simplicity of legal procedures in<br />

comparison to conventional national parks <strong>and</strong><br />

sanctuaries are positive factors. The fact that the<br />

powers <strong>and</strong> functions of the CWLW can be delegated<br />

if the need is felt can help to resolve the issue with<br />

respect to any fear of usurpation of the powers of the<br />

Garo Autonomous Council. As on date, no<br />

Conservation Reserve have been declared by Garo<br />

Autonomous Council <strong>and</strong> there<strong>for</strong>e remains an option<br />

that needs to be explored specially in context of<br />

reserved <strong>for</strong>ests as well as other government owned<br />

28 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


areas which serve as important habitats of wildlife or<br />

even serve as corridors <strong>for</strong> wildlife.<br />

Community reserve (Section 36 (c))<br />

Purpose<br />

Protecting fauna, flora <strong>and</strong> the traditional or cultural<br />

conservation values <strong>and</strong> practices in situations where<br />

either an individual or the community has<br />

volunteered to conserve wildlife <strong>and</strong> its habitat in<br />

areas that are not within any category of protected<br />

areas or government owned l<strong>and</strong>.<br />

Statutory provision<br />

Section 36 C of the Wildlife (Protection) Act, 1972<br />

as amended in 2003.<br />

Power to declare community reserve<br />

State government has been vested with the power<br />

to declare areas as Conservation Reserves. [Section<br />

36 A]. Neither can the central government nor can<br />

any other authority including the local community<br />

by themselves declare an area as a community<br />

reserve. However, since in most instances by<br />

virtue of accords signed as well as the provisions<br />

of the Sixth Schedule, the executive power extends<br />

to the subjects entrusted, the Garo Autonomous<br />

Council have power to declare Community<br />

Reserves.<br />

Criteria to be followed in declaring an<br />

area as community reserve<br />

The l<strong>and</strong> proposed to be declared must be<br />

either a community owned l<strong>and</strong> or under<br />

private ownership.<br />

The l<strong>and</strong> should not be a part of a national<br />

park, sanctuary or a conservation reserve.<br />

The community or an individual should have<br />

volunteered to conserve wildlife <strong>and</strong> its habitat.<br />

A notification has to be issued specifying as<br />

nearly as possible the situation <strong>and</strong> limits of<br />

such area. It shall be sufficient to describe the<br />

area by road, rivers, ridges <strong>and</strong> other well<br />

know or readily intelligible boundaries.<br />

A Community Reserve Management<br />

Committee has to be constituted by the State<br />

Government.<br />

Management <strong>and</strong> administration of<br />

community reserve<br />

CRMC shall be the authority that shall be responsible<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

<strong>for</strong> conserving, maintaining <strong>and</strong> managing the<br />

community reserve. Unlike the conservation reserve,<br />

it is not the CWLW who manages the community<br />

reserve rather it is the CRMC. The role of the CRMC is<br />

thus not just advisory.<br />

Composition of the CRMC<br />

Five Representatives nominated by the<br />

Village Panchayat<br />

In the situation where no Village Panchayat<br />

exists the five representatives are to be<br />

nominated by the Gram Sabha.<br />

One representative of the <strong>for</strong>est or wildlife<br />

department under whose jurisdiction the<br />

community reserve is located.<br />

Function of CRMC<br />

CRMC shall be the authority that shall be<br />

responsible <strong>for</strong> conserving, maintaining <strong>and</strong><br />

managing the community reserve.<br />

Preparation of management plan <strong>for</strong> the<br />

community reserve<br />

Implementation of the management plan <strong>for</strong><br />

the community reserve.<br />

Nature of restriction after declaration of an<br />

area as a conservation reserve<br />

The nature of restrictions is similar to that of a<br />

sanctuary. It is stated that every person shall, so long<br />

as he resides in community reserve be bound [ as far<br />

as may be ] to follow the restrictions as stipulated <strong>for</strong><br />

sanctuaries under the Wildlife Act. It is pertinent to<br />

point out that it is clearly mentioned that the above<br />

provisions shall “as far as may be apply to a community<br />

reserve as they apply in relation to a sanctuary”. It is<br />

there<strong>for</strong>e important to remember that all these<br />

restriction will not automatically extend to a<br />

community reserve.<br />

Procedure <strong>for</strong> alteration of boundaries <strong>and</strong><br />

other changes<br />

After the issue of the notification constituting an area<br />

as a community reserve any change in the l<strong>and</strong> use<br />

pattern of the reserve will require the following<br />

procedure<br />

A resolution to that effect has to be passed by<br />

the CRMC.<br />

The state government approval to the said<br />

resolution passed by the CRMC.<br />

29


Notes <strong>and</strong> comments<br />

The statement of objects <strong>and</strong> reasons of the Amendment<br />

Act, 2002 states that the state governments are<br />

empowered to declare areas which are under private or<br />

community ownership as community reserves<br />

provided the members of the community or individuals<br />

concerned are agreeable to offer such areas <strong>for</strong><br />

protecting the wildlife together with the associated<br />

traditions, cultures <strong>and</strong> practices. The declaration of the<br />

community reserve involves one single notification.<br />

Unlike a Conservation Reserve, no change in l<strong>and</strong> use is<br />

permitted once a notification has been issued under<br />

Section 36 C (1) of the WPA. However, similar to the<br />

case of conservation reserve, no legal provision exists<br />

<strong>for</strong> the denotification or alteration of the boundaries of<br />

the community reserve. Although, some restrictions as<br />

are applicable to sanctuaries are also applicable in a<br />

community reserve, however, the exact nature will<br />

depend on the guidelines <strong>and</strong> other working Rules that<br />

will be prepared by the CRMC. Un<strong>for</strong>tunately, despite<br />

more than five years having passed since the<br />

amendment Act has come into <strong>for</strong>ce, no guidelines have<br />

been issued thus rendering the provisions largely<br />

redundant. The community reserve has the potential to<br />

be more socially acceptable since it is not expected that<br />

the restrictions which are applicable to a sanctuary will<br />

also be applicable to a community reserve, since the<br />

essential purpose of community reserve is not just the<br />

protection of wild flora <strong>and</strong> fauna but also to preserve<br />

the traditional conservation values <strong>and</strong> practices. As<br />

such, community reserves are not envisaged as a “No-<br />

Use Zone” rather as stated in the “Objects <strong>and</strong><br />

Reasons”: areas which are to be managed on the<br />

principles of sustainable utilization of <strong>for</strong>est produce.<br />

The community reserve is a viable option <strong>for</strong> areas<br />

important from the viewpoint of wildlife <strong>and</strong> where the<br />

community is willing to part with its l<strong>and</strong> such as the<br />

Nokma <strong>and</strong> Akhing l<strong>and</strong> in the Garo hills of<br />

Meghalaya. However, a uni<strong>for</strong>mly composed<br />

Community Reserve Management Committee may not<br />

be suited <strong>for</strong> all local cultural <strong>and</strong> political situations. It<br />

is thus of utmost importance that the Wildlife Act<br />

provides <strong>for</strong> spaces <strong>for</strong> local level indigenous<br />

institutions to functions as basic units <strong>for</strong> wildlife<br />

governance rather than imposing a structure which<br />

might be out of tune with the ground realities.<br />

Judicial orders <strong>and</strong> its implication<br />

In addition to the statutory laws, decisions of the<br />

Supreme Court also determine the management <strong>and</strong><br />

administration of protected areas. The most<br />

significant of all the orders related to national park<br />

<strong>and</strong> sanctuaries is the order dated 14/02/2000 in W.P<br />

202 of 1995 wherein the Supreme Court restrained the<br />

State Governments from ordering the removal of<br />

dead, deceased, dying or wind fallen trees, drift wood<br />

<strong>and</strong> grasses etc from any national park or sanctuary. It<br />

also stated that that if any order to the contrary had<br />

already been passed the operation of the same would<br />

be stayed.<br />

The Central Empowered Committee in its letter<br />

dated 2nd July 2004 explained that this provision<br />

includes<br />

activities such as grazing<br />

<strong>and</strong> collection of NTFP from protected areas.<br />

The MoEF through a circular issued to the State<br />

Governments further clarified that all rights,<br />

privileges <strong>and</strong> concessions in national parks &<br />

sanctuaries must also cease.<br />

The Supreme Court by its order dated 25th<br />

November 2005 clarified that activities which are<br />

undertaken as per approved management plan <strong>and</strong><br />

were consistent with the provisions of the Wildlife<br />

Protection Act, 1972 & The National Wildlife Action<br />

Plan as well as other such guidelines issued from time<br />

to time were permissible in respect of national park<br />

<strong>and</strong> sanctuaries. These restrictions come into play<br />

even if final notification <strong>for</strong> the national park <strong>and</strong><br />

sanctuary has not taken place.<br />

It has to be empirically checked as to the ground<br />

level situation with respect to protected areas in the<br />

State of Meghalaya <strong>and</strong> Assam specifically in the<br />

context of the pre <strong>and</strong> post 14/02/2000 order. Existing<br />

in<strong>for</strong>mation does not reveal much difference in the<br />

situation although it needs to be more carefully<br />

verified.<br />

Recently, Supreme Court by its order dated<br />

14.9.2007 further clarified that the following activities<br />

are also permitted:-<br />

(i) laying of underground drinking water<br />

pipelines up to inch diameter;<br />

(ii) laying of 11 KV distribution lines <strong>for</strong> supply<br />

of electricity to rural areas;<br />

(iii) laying of telephone lines or optical fiber <strong>for</strong><br />

providing communication facilities in rural<br />

areas;<br />

(iv) wells, h<strong>and</strong> pumps, small water tanks etc. <strong>for</strong><br />

providing drinking water facilities to<br />

villagers, who are yet to be relocated from the<br />

protected area.<br />

In addition to the above, the Anganwadis,<br />

government schools <strong>and</strong> government dispensaries<br />

which are essential <strong>for</strong> the inhabitants of people who<br />

are nearer to these <strong>for</strong>est areas shall continue <strong>and</strong> the<br />

government may carry out construction activities in<br />

30 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


the <strong>for</strong>est area <strong>for</strong> the said purposes without there<br />

being any cutting or felling of trees.<br />

They further stated that following activities were<br />

expressly prohibited:-<br />

(i) felling of trees <strong>and</strong> their removal;<br />

(ii) removal of bamboo or grasses <strong>for</strong> any<br />

purpose whatsoever;<br />

(iii) removal of corals <strong>and</strong> other living <strong>for</strong>ms from<br />

marine national parks/sanctuaries;<br />

(iv) construction of tourist complexes, hotels <strong>and</strong><br />

restaurants, zoos <strong>and</strong> safari parks or any<br />

other building not <strong>for</strong> direct use <strong>for</strong> protection<br />

<strong>and</strong> management of wildlife <strong>and</strong> its habitat;<br />

<strong>and</strong> other non-<strong>for</strong>est activities.<br />

Biological Diversity Act, 2002<br />

The Biological Diversity Act, 2002 (the “BDA” <strong>for</strong><br />

short) has been enacted with the objective of<br />

conservation of Biological Diversity, sustainable use<br />

of its components <strong>and</strong> fair <strong>and</strong> equitable sharing of<br />

the benefits arising out of the use of biological<br />

resources <strong>and</strong> knowledge. The BDA is unlike the<br />

Wildlife Act <strong>for</strong> it recognizes the important role of<br />

local bodies in the implementation of the Act.<br />

Garo Autonomous Council has wide scope in<br />

execution <strong>and</strong> implementation of various provisions<br />

of Biological Diversity Act, 2002. It comes under the<br />

purview of the term ‘local bodies’; which has a major<br />

role in implementation of the provisions of said Act.<br />

According to Sec. 2(h) ‘local bodies’ means<br />

Panchayats <strong>and</strong> Municipalities, by whatever name<br />

called, within the meaning of clause (1) of article 243B<br />

<strong>and</strong> clause (1) of article 243Q of the Constitution <strong>and</strong><br />

in the absence of any Panchayats or Municipalities,<br />

institutions of self-government. Since, District<br />

Councils come under the purview of ‘institutions of<br />

self- government constituted under any other<br />

provision of the Constitution or any Central Act or<br />

State Act’; it fulfills the definition of ‘local bodies’<br />

hence it can be covered under the Biological Diversity<br />

Act, 2002.<br />

Un<strong>for</strong>tunately, the Biological Diversity Act, 2002<br />

has not been implemented by any of the Tribal<br />

Councils, whether of the Khasi, Garo, Karbi as well<br />

as Bodo, despite these areas being biodiversity<br />

hotspots.<br />

National biodiversity fund<br />

In chapter VII Finance, Accounts <strong>and</strong> Audit of<br />

National Biodiversity Authority, Sec. 27 deals with<br />

Constitution of National Biodiversity <strong>Fund</strong>.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

As per Sec 27 (2), the fund shall be applied <strong>for</strong>:-<br />

(a) channeling benefits to the benefit claimers;<br />

(b) conservation <strong>and</strong> promotion of biological<br />

resources <strong>and</strong> development of areas from<br />

where such biological resources or knowledge<br />

associated thereto has been accessed;<br />

(c) Socio-economic development of areas<br />

referred to in clause (b) in consultation with<br />

the local bodies concerned.<br />

SCOPE: Sec 3(1) of the Sixth Schedule empowers Garo<br />

Autonomous Council to make laws with respect to,<br />

the management of any <strong>for</strong>est apart from reserve<br />

<strong>for</strong>est. The management of <strong>for</strong>est also includes<br />

‘conservation <strong>and</strong> promotion of biological resources’.<br />

Garo Autonomous Council is also responsible <strong>for</strong> the<br />

socio-economic development of the area, so the<br />

National Biodiversity Authority should disburse the<br />

National Biodiversity <strong>Fund</strong> in consultation with them.<br />

State biodiversity fund<br />

Similarly, in Chapter VIII Finance, Accounts <strong>and</strong><br />

Audits of State Biodiversity Board, Sec 32 deals with<br />

the Constitution of State Biodiversity <strong>Fund</strong>.<br />

As per Sec.32 (2) The State Biodiversity <strong>Fund</strong> shall<br />

be applied <strong>for</strong>-<br />

(a) the management <strong>and</strong> conservation of heritage<br />

sites;<br />

(b) compensating or rehabilitating any section of<br />

the people economically affected by notification<br />

under sub-section (1) of section 37;<br />

(c) conservation <strong>and</strong> promotion of biological<br />

resources;<br />

(d) socio-economic development of areas from<br />

where such biological resources or<br />

knowledge associated thereto has been<br />

accessed subject to any order made under<br />

section 24, in consultation with the local<br />

bodiesconcerned;<br />

(e) meeting the expenses incurred <strong>for</strong> purposes<br />

authorized by this Act.<br />

SCOPE: Garo Autonomous Council being a local<br />

body, here also State Biodiversity Board should<br />

disburse its State Biodiversity <strong>Fund</strong> in consultation<br />

with them.<br />

Biodiversity heritage sites<br />

The State Government, in consultation with the local<br />

bodies can notify in the official gazette, the areas of<br />

biodiversity importance as biodiversity heritage sites.<br />

(SEC.37 (1))<br />

31


Purpose<br />

Conservation <strong>and</strong> protection of areas of<br />

biodiversity importance. Biodiversity is defined as:<br />

“Biological diversity means the variability among living<br />

organisms from all sources <strong>and</strong> the ecological complexes<br />

of which they are a part <strong>and</strong> includes diversity within<br />

species or between species <strong>and</strong> of ecosystems”<br />

Statutory provision<br />

Section 37 of the Biological Diversity<br />

Act, 2002<br />

Power to declare biodiversity heritage sites :<br />

State Government has been vested with the power<br />

to declare areas as Biodiversity Heritage Sites.<br />

Criteria to be followed in declaring an Area as<br />

Biodiversity Heritage Site<br />

The areas should be important in terms of<br />

biodiversity.<br />

Consultation with local bodies. Local bodies<br />

refers to Panchayat <strong>and</strong> Municipalities, by<br />

whatever name called, within the meaning of<br />

Clause (1) of article 243-B <strong>and</strong> clause (1) of<br />

article 243 Q of the Constitution <strong>and</strong> in the<br />

absence of any Panchayat or Municipalities,<br />

institutions of self government constituted<br />

under any other provision of the Constitution<br />

or any Central Act or State Act.<br />

After consultation, a Notification in the<br />

Official Gazette specifying the limits <strong>and</strong><br />

extent of the area.<br />

Management <strong>and</strong> administration of<br />

the heritage sites<br />

The management of the Biodiversity Heritage sites<br />

may be done as per rules framed by the State<br />

Government in consultation with the Central<br />

Government.<br />

Notes <strong>and</strong> comments<br />

The BDA, does not provide <strong>for</strong> an elaborate process<br />

<strong>for</strong> the declaration of an area as a Biodiversity<br />

Heritage Site. A notification is to be issued only after<br />

consultation with the local communities. Thus a<br />

Single Notification is required <strong>for</strong> designating the<br />

Biodiversity Heritage Site.<br />

Power of Central Government to notify<br />

threatened species<br />

Chapter IX deals with Duties of the Central <strong>and</strong> State<br />

Government. The Sec. 38 of the Act provides power to<br />

Central Government, to take all the necessary steps to<br />

preserve species by notifying them as a threatened<br />

species.<br />

SCOPE: The Central Government takes steps in<br />

consultation with the concerned State Government.<br />

Since, the local bodies (Garo Autonomous Council)<br />

are involved in preservation <strong>and</strong> management of<br />

biological resources at both National <strong>and</strong> State level,<br />

they should also be included as a consulting body.<br />

Biodiversity management committees<br />

Chapter X deals with Biodiversity Management<br />

Committees.<br />

Section 41 states that every local body can<br />

constitute a Biodiversity Management Committee<br />

within its area. The purpose of such Committee is to<br />

promote conservation, sustainable use <strong>and</strong><br />

documentation of biological diversity including<br />

preservation of habitats, conservation of l<strong>and</strong> races,<br />

folk varieties <strong>and</strong> cultivars, domesticated stocks <strong>and</strong><br />

breeds of animal <strong>and</strong> micro-organisms <strong>and</strong><br />

chronicling of knowledge relating to biological<br />

diversity.<br />

SCOPE: Here, Garo Autonomous Council being a<br />

local body can constitute a Biodiversity Management<br />

Committees within its area <strong>and</strong> execute all the duties<br />

of the Committee stipulated in the Act.<br />

Local biodiversity fund<br />

Chapter XI deals with Local Biodiversity <strong>Fund</strong>.<br />

According to Sec. 43 of the Act, a Local<br />

Biodiversity <strong>Fund</strong> can be constituted at every area<br />

notified by the State Government where any<br />

institution of self-government is functioning.<br />

SCOPE: Garo Autonomous Council is covered under<br />

the phrase ‘any institution of self government’, hence,<br />

a local biodiversity fund can be constituted in this<br />

area.<br />

Forest (Conservation) Act, 1980<br />

Of all the laws on natural resources, the law which<br />

32 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


seem to have had the maximum impact is the Forest<br />

(Conservation) Act, 1980 [‘FCA’ <strong>for</strong> short], which<br />

was enacted to check excessive de<strong>for</strong>estation<br />

throughout the country. Initially, the Garo<br />

Autonomous Council <strong>and</strong> other Tribal Councils took<br />

the position with the support of both the State as<br />

well as Central Government that they were beyond<br />

the scope of the Act. This changed in 1996, with the<br />

Supreme Court holding that the provisions of the Act<br />

would apply to <strong>for</strong>ests under the management of the<br />

Tribal Councils also.<br />

The statement of object <strong>and</strong> reason of the act states<br />

that, ‘de<strong>for</strong>estation causes ecological imbalance <strong>and</strong> leads to<br />

environmental deterioration. De<strong>for</strong>estation has been taking<br />

place on a large scale in the country <strong>and</strong> it has caused wide<br />

spread concern.’ The Forest (Conservation) Act, 1980<br />

(‘FCA’ <strong>for</strong> short) extends to the whole of India except<br />

the State of Jammu & Kashmir. The FCA was<br />

amended in 1988. Section 2 of the FCA, <strong>for</strong>ms the core<br />

<strong>and</strong> stipulates that no state Government or authority<br />

shall make, except with the prior approval of the<br />

Central Government, any order directing;<br />

1. That any reserved <strong>for</strong>est (within the meaning<br />

of the expression “reserved <strong>for</strong>est’ in any law<br />

<strong>for</strong> the time being in <strong>for</strong>ce in that state) or any<br />

portion thereof, shall cease to be reserved;<br />

2. That any <strong>for</strong>est l<strong>and</strong> or any portion may be<br />

used <strong>for</strong> any portion thereof may be used <strong>for</strong><br />

any non-<strong>for</strong>est purpose;<br />

3. That any <strong>for</strong>est l<strong>and</strong> or any portion there of<br />

may be assigned by way of lease or otherwise<br />

to any private person or to any authority,<br />

corporation, agency or any other organization<br />

not owned, managed or controlled by the<br />

Government;<br />

4. That any <strong>for</strong>est l<strong>and</strong> or any portion thereof<br />

may be cleared of trees which have grown<br />

naturally in that l<strong>and</strong> or portion, <strong>for</strong> the<br />

purpose of using it <strong>for</strong> re<strong>for</strong>estation.<br />

Section 3(1) (b) of the sixth schedule deals with the<br />

power of Garo Autonomous Council <strong>and</strong> other<br />

Autonomous Councils to make laws with respect to<br />

“the management of any <strong>for</strong>est not being a reserved<br />

<strong>for</strong>est”; whereas the executive power of the District<br />

Council in paragraph 6(2) extends to “any other<br />

matter to which the executive power of the State<br />

extents”. It is pertinent to note that although District<br />

Council cannot make a law on Reserve Forests it does<br />

not mean that it cannot have any executive power<br />

with respect to the management of a reserved <strong>for</strong>est.<br />

However, such executive power of the District<br />

2 Hills Syndicate v. North Cachar Hills Autonomous Council, AIR 2001 Gau 83.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Council is subject to the limitations indicated in<br />

Article 162 of the Constitution, namely, such power<br />

will be subject to the provisions of the Constitution<br />

<strong>and</strong> limited by the executive power expressly<br />

conferred by any law made by the Parliament upon<br />

the Union or authorities thereof. Such Executive<br />

power of District Council is further subject to two<br />

other limitations;<br />

Firstly subject to the provisions of any existing<br />

law or any other law relating to reserved<br />

<strong>for</strong>est made either by Parliament or by the<br />

State Legislature or by both, <strong>and</strong><br />

Secondly subject to the conditions, if any,<br />

imposed by the Governor while entrusting<br />

the executive function in relation to <strong>for</strong>est or<br />

Reserved Forest under paragraph 6(2) of the<br />

Sixth Schedule.<br />

Thus the executive power of District Council is<br />

subject to provisions of the Forest (Conservation) Act,<br />

1980 <strong>and</strong> the Assam Forest Regulation, 1891 2 .<br />

It was generally followed that the provisions of the<br />

Forest (Conservation) Act, 1980 was applied only in<br />

respect of the Reserved Forests declared by the State<br />

Government.<br />

With respect to this, following were the<br />

shortcomings:-<br />

The saw mills <strong>and</strong> other wood based units<br />

were regulated under provisions of the<br />

respective Forest Act of the District Councils<br />

<strong>and</strong> the rules framed there under.<br />

The system of working plans did not exist <strong>for</strong><br />

<strong>for</strong>ests beyond the working plan.<br />

The easy process of obtaining approval has<br />

led to the large scale felling of trees in an<br />

unsustainable manner.<br />

The rules regarding transit were not<br />

strong enough to protect <strong>and</strong> conserve the<br />

<strong>for</strong>ests.<br />

Mining activities in <strong>for</strong>est areas outside<br />

Reserve Forests also continued without<br />

approval from the Ministry of Environment<br />

<strong>and</strong> Forest.<br />

Hence the end result was large-scale destruction of<br />

<strong>for</strong>ests which was repeatedly pointed out in different<br />

State of the Forest Reports. It became clear that as far<br />

as the management of <strong>for</strong>ests was concerned, the pre<br />

1980 situation <strong>and</strong> the post 1980 situation was not<br />

very different. Broadly, the situation vis a vis the FCA,<br />

can be summed up as follows:<br />

33


FCA was not applied to <strong>for</strong>est l<strong>and</strong> other than<br />

government Reserved Forests.<br />

The District Councils <strong>and</strong> the <strong>for</strong>ests within<br />

its control were also outside its scope.<br />

The <strong>for</strong>ests were managed in accordance with<br />

customary practices as well as statutory laws.<br />

No working plan existed <strong>for</strong> <strong>for</strong>ests which<br />

were under the control of the District<br />

Councils as well as privately held or jointly<br />

held by Clans <strong>and</strong> sub clans.<br />

No prior approval <strong>for</strong> ‘Non Forest use’ of<br />

<strong>for</strong>est l<strong>and</strong> were sought by the District<br />

Councils from the State Government who in<br />

turn had to seek clearance from the Central<br />

Government.<br />

Through judicial intervention, Supreme Court of<br />

India passed various orders <strong>for</strong> the implementation of<br />

the Forest Conservation Act uni<strong>for</strong>mly. The scope,<br />

implications <strong>and</strong> meaning of <strong>for</strong>est, <strong>for</strong>estl<strong>and</strong> <strong>and</strong><br />

<strong>for</strong>est conservation were reinterpreted by the Apex<br />

Court. These have lead to significant changes in the<br />

manner in which the law was followed since its<br />

inception in 1980 <strong>and</strong> more importantly it<br />

fundamentally affects the operation of the various<br />

state laws on <strong>for</strong>est as well as other natural resources<br />

law. Of particular significance was its impact on the<br />

<strong>for</strong>est management systems in the Northeast<br />

specifically those under the control of the<br />

Autonomous District Councils. Although, the<br />

Supreme Courts order covered almost all the states of<br />

the country, the North East received a special focus in<br />

view of the fact that it is a biodiversity hotspot <strong>and</strong><br />

having a high rate of de<strong>for</strong>estation.<br />

The changes in the interpretation, implementation<br />

<strong>and</strong> underst<strong>and</strong>ing of the FCA took place in view of<br />

the various orders passed by the Supreme Court in<br />

T.N.Godavarman v. UOI W.P. (C) No. 202 of 1995.<br />

The most important order passed in the last 12 years<br />

since the commencement of the Godavarman Caseis the<br />

order dated 12/12/1996 <strong>and</strong> in the context of Northeast<br />

it was followed by the order 15/01/1998. This order<br />

clarified that the provisions of the FCA <strong>for</strong> the<br />

conservation of <strong>for</strong>est must apply to all <strong>for</strong>ests <strong>and</strong><br />

there<strong>for</strong>e exp<strong>and</strong>ed vastly the scope of Forest<br />

Conservation Act. In view of this order the FCA was not<br />

to be limited to areas recognized/ declared/ classified<br />

as <strong>for</strong>est in Government records but also to include all<br />

areas so far as they satisfied the dictionary sense.<br />

Further, the Court issued various directions<br />

specifically with respect to North East Region. The<br />

main highlights were:<br />

All non-<strong>for</strong>est activities with in any <strong>for</strong>est in<br />

any state through the country with out the<br />

prior approval of the Central Government<br />

must cease <strong>for</strong>thwith. Every State<br />

Government must promptly ensure cessation<br />

of all such activities <strong>for</strong>thwith.<br />

The felling of trees in all <strong>for</strong>est is to remain<br />

suspended except in accordance with the<br />

working plan of the State Government as<br />

approved by the Central Government.<br />

A complete ban on movement of cut trees <strong>and</strong><br />

timber from any of the seven North Eastern<br />

States to any other State of the country.<br />

The provisions on the use of <strong>for</strong>estl<strong>and</strong> <strong>for</strong><br />

non- <strong>for</strong>est purpose applied uni<strong>for</strong>mly to all<br />

areas, which can be regarded as <strong>for</strong>est.<br />

Further, the Supreme Court made it<br />

m<strong>and</strong>atory to seek Central Government<br />

approvals <strong>for</strong> all working plans. In order to<br />

identify areas which can be regarded as<br />

<strong>for</strong>ests the Court ordered <strong>for</strong> Constitution of<br />

expert committees with the specific task of<br />

identifying areas which are <strong>for</strong>est irrespective<br />

of whether they are so notified, recognized or<br />

classified under any law an irrespective of the<br />

ownership of the l<strong>and</strong> of such <strong>for</strong>ests. The<br />

Committee was also to identify areas, which<br />

were earlier <strong>for</strong>est but st<strong>and</strong> degraded,<br />

denuded or clear.<br />

The Constitution of the Expert Committee was a<br />

very significant step in the sense that the criterions<br />

adopted in regarding an area as a <strong>for</strong>est would be<br />

differing from state to state as well as within the<br />

State. In addition to this expert committee the State<br />

Governments were also directed to file issues on<br />

issuing concerning sawmills, veneer mills <strong>and</strong><br />

plywood mills operating within each state. It is<br />

interesting to note that Court took a realistic<br />

approach in directing that the particulars of the ‘real<br />

ownerships of the sawmills be provided to the Court.<br />

This was mainly in recognition of the fact that in<br />

large parts in North Eastern India the legal owners<br />

were not the actual owners of saw mills, which were<br />

mainly operated <strong>and</strong> controlled by non-locals or<br />

non-tribals.<br />

Despite the order clearly stating that the word <strong>for</strong>est<br />

would be applicable to all <strong>for</strong>est areas irrespective of<br />

ownership <strong>and</strong> classification there were still<br />

misconception regarding its applicability to the<br />

Autonomous District Councils. It was there<strong>for</strong>e clarified<br />

in a subsequent order dated 4.3.1997 that the order date<br />

12/12/1996 will apply to all Autonomous Hill Councils.<br />

In order dated 15.1.1998, much emphasis was laid<br />

on the North Eastern States. By this order, it was<br />

34 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


clarified that the orders passed by Supreme Court in<br />

Godavarman case with respect to North Eastern States<br />

are also applicable to District Council. In this order,<br />

the Supreme Court stated that even though<br />

proliferation of wood based industries has been the<br />

main cause of degradation of <strong>for</strong>est in the North East,<br />

considering the extent of <strong>for</strong>est <strong>and</strong> the dependence of<br />

local people on the <strong>for</strong>est region resources in the<br />

region it is neither feasible, nor desirable, to ban<br />

completely either the timber or running of wood<br />

based industries. It was emphasized that the number<br />

<strong>and</strong> capacities are to be regulated in relation to the<br />

sustainable availability of <strong>for</strong>est produce. Most<br />

significantly it emphasize that industrial requirement<br />

have to be subordinated to the maintenance of the<br />

environment <strong>and</strong> ecology as well as bonafide local<br />

needs.<br />

The major highlight of the order with respect to the<br />

District Council was that the Forest under it should be<br />

worked in accordance with working schemes, which<br />

shall specify both the programme <strong>for</strong> regeneration<br />

<strong>and</strong> harvesting <strong>and</strong> whose period shall not be less<br />

than five years. It was, however, clarified that the<br />

plantation schemes raised on private <strong>and</strong> community<br />

holdings shall be excluded from these requirements<br />

but shall be regulated under respective state rules <strong>and</strong><br />

regulations.<br />

The Supreme Court by its order dated 8.1.2001 in<br />

I.A. No. 424 in T.N. Godavarman vs U.O.I W.P. (C).<br />

202 of 1995 emphasized on the partnership of all the<br />

States to ensure the maintenance <strong>and</strong> improvement of<br />

the <strong>for</strong>est cover <strong>and</strong> provided <strong>for</strong>est compensation to<br />

the <strong>for</strong>est-rich States. The Court observed, “It is to be<br />

borne in mind that taking an overall view it is<br />

important <strong>for</strong> the country that in certain areas where<br />

natural <strong>for</strong>est exist, the same should be preserved.<br />

The political boundaries are drawn <strong>for</strong> various<br />

considerations but as far as the environment is<br />

concerned, one has to take a holistic view <strong>and</strong> in that<br />

view of the matter one cannot overlook the fact that<br />

even though the national average of the <strong>for</strong>est cover is<br />

low, even that low figure is there because of the<br />

higher percentage of the <strong>for</strong>est cover in the Hill States<br />

<strong>and</strong> in the State of Madhya Pradesh <strong>and</strong> in North<br />

eastern States. Majority of the States in India fall short<br />

of national average as far as the <strong>for</strong>est cover is<br />

concerned. For the benefit of the said States also - nay<br />

<strong>for</strong> the benefit of the whole region, it is important that<br />

there should not be any further depletion of the <strong>for</strong>est<br />

cover in these sensitive areas of Madhya Pradesh <strong>and</strong><br />

in the Himalayas <strong>and</strong> the other sensitive areas like the<br />

Western Ghats etc. In order to ensure the<br />

preservation <strong>and</strong> regeneration of <strong>for</strong>ests in these<br />

areas, the Central Government should consider<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

whether the deficient States should not be asked to<br />

contribute towards the preservation of the existing<br />

<strong>for</strong>est cover <strong>and</strong> compensation/incentive given to the<br />

<strong>for</strong>est-rich States to preserve <strong>and</strong> regenerate <strong>for</strong>est: In<br />

a sense, there should be a partnership of all the states<br />

to ensure the maintenance <strong>and</strong> improvement of the<br />

<strong>for</strong>est cover. This suggestion should be considered by<br />

a Committee of the Secretary (Finance) <strong>and</strong> Secretary,<br />

Ministry of Environment & Forests in consultation<br />

with the Chief Secretaries of all the states <strong>and</strong> a report<br />

submitted preferably within eight weeks. Although,<br />

most of the <strong>for</strong>est deficient states expressed their<br />

inability to ‘compensate’ the <strong>for</strong>est rich states, the<br />

Supreme Court directed that in the absence of the<br />

States willing to part with their money, the Central<br />

Government should devise a scheme to compensate<br />

the <strong>for</strong>est rich states.<br />

This order was complied by the State <strong>and</strong> the<br />

Supreme Court by its order dated 26.9.2005 in T.N.<br />

Godavarman vs U.O.I W.P. (C). 202 of 1995, took<br />

notice of the compensation given to the <strong>for</strong>est rich<br />

states to preserve <strong>and</strong> regenerate <strong>for</strong>ests <strong>and</strong> held,<br />

“It would also be useful to make a mention of the<br />

order dated 22nd September, 2000 passed by this<br />

Court which led to grant of sanction of rupees 1,000<br />

crores <strong>for</strong> maintenance of <strong>for</strong>est under the 12th Finance<br />

Commission (2005-2010). The said order took note of<br />

the fact that felling of the trees is far in excess of what<br />

would be justified with reference to regeneration, <strong>and</strong><br />

the main cause is non-availability of sufficient funds.<br />

It also notices that even with regard to the felling of<br />

trees as per working plans in the last three years, the<br />

corresponding prescription <strong>for</strong> regeneration has not<br />

been implemented. It further notices that there cannot<br />

be any felling without regeneration because that will,<br />

over a period of time, only result in <strong>for</strong>est vanishing.<br />

Further, the order says that the shortfall of<br />

regeneration which has resulted in depletion of <strong>for</strong>est<br />

cover has to be made up. The court took note of the<br />

suggestion that <strong>for</strong> regeneration there should be a joint<br />

venture between State of Madhya Pradesh, a state<br />

having a large <strong>for</strong>est area, <strong>and</strong> the Central<br />

Government whereby the working capital, in whole<br />

or substantially the whole, can be provided by the<br />

Central Government <strong>and</strong> the regeneration of<br />

degraded <strong>for</strong>ests carried out. Taking an overall view,<br />

it is important <strong>for</strong> the nation that in certain areas<br />

where natural <strong>for</strong>est exists, the same should be<br />

preserved <strong>and</strong> at the same time the Central<br />

Government should consider whether the deficient<br />

States should not be asked to contribute towards the<br />

preservation of the existing <strong>for</strong>est cover <strong>and</strong> the<br />

compensation/incentive given to the <strong>for</strong>est rich States<br />

to preserve <strong>and</strong> regenerate <strong>for</strong>ests. In a sense, there<br />

35


should be a partnership of all the States to ensure the<br />

maintenance <strong>and</strong> improvement of <strong>for</strong>est cover. It was<br />

observed that this suggestion should be considered by<br />

a Committee of Secretary (MOF) <strong>and</strong> the Secretary<br />

(MOEF) in consultation with the Chief Secretaries of<br />

all the States.<br />

Para 14.25 of the 12th Finance Commission Report<br />

deals with maintenance of <strong>for</strong>est. Noticing that several<br />

States have represented that subsequent to the<br />

restrictions placed by this Court on exploitation of <strong>for</strong>est<br />

wealth, the <strong>for</strong>ests have become a net liability <strong>for</strong> the<br />

States rather than a source of revenue <strong>and</strong> maintenance<br />

of <strong>for</strong>est has become a problem due to financial<br />

constraints, these States pleaded that separate grant<br />

should be provided <strong>for</strong> maintenance of <strong>for</strong>est.<br />

Recognizing that <strong>for</strong>est are a national wealth <strong>and</strong> the<br />

country as a whole has the responsibility in preserving<br />

the said national wealth, the Commission decided to<br />

recommend a grant of rupees 1000 crores spread over<br />

the award period 2005-2010 <strong>for</strong> maintenance of <strong>for</strong>est.<br />

This would be over <strong>and</strong> above what the States have been<br />

spending through their <strong>for</strong>est departments. The amount<br />

was distributed among the States based on their <strong>for</strong>est<br />

area, to be spent <strong>for</strong> preservation of <strong>for</strong>est wealth. In this<br />

light, it is not open to the State Government to contend<br />

that the amount of NPV paid by the user agency shall be<br />

h<strong>and</strong>ed over to them.<br />

Reference may also be made to report of the Planning<br />

Commission (Chapter IX) relating to <strong>for</strong>est<br />

environments in Tenth Five Year Plan (2002-2007) which<br />

has taken note of the fact that sustainability is not an<br />

option but imperative since without it environmental<br />

deterioration <strong>and</strong> economic decline will be feeding each<br />

other leading to poverty, pollution, poor health, political<br />

upheaval <strong>and</strong> unrest. Environment cuts across all<br />

sectors of development. The rapid increase in green<br />

house gases in the atmosphere, l<strong>and</strong> degradation,<br />

deteriorating conditions of fragile ecosystems,<br />

de<strong>for</strong>estation, loss of biodiversity <strong>and</strong> environmental<br />

pollution have become subjects of serious global<br />

concern. The overall impact of these phenomena is<br />

likely to result in depletion of ozone layer, change of<br />

climate, rise in sea-level loss of natural resources,<br />

reduction in their productivity ultimately leading to an<br />

ecological crisis affecting livelihood options <strong>for</strong><br />

development <strong>and</strong> over all deterioration in quality of life.<br />

From the above report, it follows that the deterioration<br />

<strong>and</strong> consequently preservation of eco-systems cannot be<br />

area or state specific <strong>and</strong> that utmost attention is<br />

required to be accorded to conservation of natural<br />

resources <strong>and</strong> <strong>for</strong> improvement of the status of our<br />

environments. The report notices the need to tackle the<br />

environmental degradation in a holistic manner in order<br />

to ensure both economic <strong>and</strong> environmental<br />

sustainability. Forests play an important role in<br />

environmental <strong>and</strong> economic sustainability. It takes<br />

note of the <strong>for</strong>ests being consistently <strong>and</strong> seriously<br />

undervalued in economic <strong>and</strong> social terms. It recognizes<br />

that the economic value of the eco-system services of the<br />

<strong>for</strong>ests is vast though it is extremely difficult to quantify.<br />

It takes note of the fact that generally much of the l<strong>and</strong>use<br />

decision that presently drives <strong>for</strong>est change takes<br />

relatively little account of these values. The country's<br />

<strong>for</strong>est resource is under tremendous pressure. Note<br />

has been taken of the fact that India's biological<br />

diversity is reflected in the heterogeneity of its <strong>for</strong>est<br />

cover. It is one of the 12 'mega-diversity' countries of<br />

the world. India is also at the meeting zone of three<br />

major zones of three major bio-geographic realms,<br />

namely, the Indo-Malayan (the richest in the world),<br />

the Eurasian <strong>and</strong> Afro-tropical. India also has the two<br />

richest bio-diversity areas, one in the northeast <strong>and</strong> the<br />

other in the Western Ghats. The biological diversity is<br />

being conserved through a network of biosphere<br />

reserves, national parks <strong>and</strong> sanctuaries, however, the<br />

challenges <strong>for</strong> conservation emanate from population<br />

pressures, adverse impacts of industrialization <strong>and</strong><br />

intensifying threat from illegal trade.”<br />

The decision of the Supreme Court <strong>and</strong> the<br />

subsequent implementation of the same through the<br />

Finance Commission allocation is a significant step in<br />

recognizing the need to compensate those states<br />

which are maintaining a high <strong>for</strong>est cover. However,<br />

the Finance Commission seems not to have<br />

recognized that within the Forest rich states of the<br />

North East, there are Tribal Councils which are more<br />

<strong>for</strong>est rich in comparison to other regions of the state<br />

<strong>and</strong> there<strong>for</strong>e system needs to be have been put in<br />

place which ensures that the allocation reaches the<br />

concerned Tribal Councils.<br />

The sixth schedule <strong>and</strong> Garo<br />

autonomous district council<br />

Like many other provisions of the Constitution, the<br />

Sixth Schedule of the Constitution has undergone<br />

many amendments mainly as a result of the changing<br />

aspirations as well as based on the practical<br />

experiences <strong>and</strong> difficulties.<br />

Meghalaya<br />

Meghalaya is the only state whose entire area is<br />

governed by the provisions of Sixth Schedule (except<br />

Cantonment <strong>and</strong> Municipality of Shillong).<br />

Meghalaya was originally a part of the State of Assam<br />

<strong>and</strong> a separate state of Meghalaya was <strong>for</strong>med under<br />

the Assam Reorganization (Meghalaya) Act, 1969. The<br />

36 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


new state of Meghalaya comprised of United Khasi-<br />

Jaintia Hills District <strong>and</strong> Garo Hills Districts.<br />

In the Constitution of the India, the table appended<br />

to paragraph 20 of the Sixth Schedule was divided<br />

into three parts. Part II of the table covered the tribal<br />

areas of the State of Meghalaya as under:<br />

1. United Khasi- Jaintia Hills District<br />

2. Jowai District<br />

3. Garo Hills District<br />

Paragraph 12A was inserted by the Assam<br />

Reorganization (Meghalaya) Act, 1969 with the<br />

<strong>for</strong>mation of Autonomous State of Meghalaya within the<br />

State of Assam making special provision with respect to<br />

application of laws in Meghalaya. As per sub Paragraph<br />

1(a) if the laws made by the District Council under<br />

paragarph 3(1) (b) (the management of any <strong>for</strong>est not<br />

being reserve <strong>for</strong>est) <strong>and</strong> under paragraph 3(1) (c) (the<br />

use of any canal <strong>and</strong> water course <strong>for</strong> the purpose of<br />

agriculture) is repugnant to any law made by the Assam<br />

Legislature “with respect to any project declared by the<br />

legislature of that State to be of State importance” then<br />

the law made by the District Council to the extent of<br />

repugnant shall be void. Sub paragraph 1(b) provided<br />

<strong>for</strong> supremacy of the law made by the Meghalaya<br />

Legislature over the laws made by the District Council in<br />

matters specified in paragraph 3(1)(b) (the management<br />

of any <strong>for</strong>est not being reserved <strong>for</strong>est), paragraph 3(1)(c)<br />

(the use of any canal or water course <strong>for</strong> the purpose of<br />

agriculture) <strong>and</strong> paragraph 3(1)(f) (any other matter<br />

relating to village <strong>and</strong> town administration, including<br />

village <strong>and</strong> town police <strong>and</strong> public heath <strong>and</strong> sanitation).<br />

Sub paragraph (2) <strong>and</strong> (3) empowered the legislature of<br />

Meghalaya to make laws on any subject covered by<br />

paragraph (3) if so requested by two or more District<br />

Council or Regional Councils in Meghalaya. Under sub<br />

paragraph (4), the Governor was given power, with<br />

respect to any Act of the legislature of Assam, <strong>and</strong> the<br />

president was given power, with respect to any Act of<br />

Parliament, to issue notification, directing that the any<br />

Act will not apply to Meghalaya or shall apply with such<br />

exception or modification, as may be specified in the<br />

notification, with prospective or retrospective effect.<br />

There are 3 District Councils in the State of<br />

Meghalaya:-<br />

1. Khasi Hills Autonomous District Council<br />

2. Jaintia Hills Autonomous District Council<br />

3. Garo Hills Autonomous District Council<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Khasi Hills autonomous district council<br />

On the 26th January, 1950 when the Constitution came<br />

into <strong>for</strong>ce, the ‘United Khasi Jaintia Hills District’ was<br />

<strong>for</strong>med as one of the tribal areas of Assam being<br />

mentioned at item No. 1 of Part A of the table<br />

appended to paragraph 20 of the Sixth Schedule. This<br />

area comprised of the Khasi States <strong>and</strong> the other areas<br />

of the Khasi-Jaintia Hills District excluding any areas<br />

<strong>for</strong> the time being comprised within the cantonment<br />

<strong>and</strong> Muncipality of Shilong, but including so much of<br />

the area comprised within the municipality of Shilong<br />

as <strong>for</strong>med part of the Khasi State of Mylliem. Under<br />

paragraph 2 (4) of the sixth Schedule the<br />

administration of the United Khasi Jaintia Hills<br />

District vested in the District Council, which started<br />

functioning w.e.f 17.6.1952.<br />

The Governor of Assam vide notification dated<br />

23.11.1964 created a new Autonomous District to be called<br />

the Jowai District by excluding the Jowai Sub division of<br />

the United Khasi Jaintia Hills District. The Khasi Hills<br />

District was divided into two districts viz. West Khasi<br />

Hills <strong>and</strong> East Khasi Hills w.e.f. 28.10.1976. Subsequently,<br />

in 1992 Ri Bhoi District was carved out from the East<br />

Khasi Hills. However, the Khasi Hills Autonomous<br />

Councils continued to exercise jurisdiction over all the<br />

three districts namely (i) West Khasi Hills District, (ii) East<br />

Khasi Hills District <strong>and</strong> (iii) Ri Bhoi District.<br />

Garo Hills autonomous district council<br />

Under the Constitution, ‘Garo Hills’ was specified as<br />

one of the tribal areas being mentioned at item No.2 of<br />

Part A of the table appended to paragraph 20 of the<br />

Sixth Schedule. The Garo Hills District was divided<br />

into two districts viz. the West Garo Hills District <strong>and</strong><br />

East Garo Hills District in October 1976. The erstwhile<br />

West Garo Hills district was further divided into two<br />

administrative districts, viz West Garo Hills <strong>and</strong> South<br />

Garo Hills in June 1992. The Garo Hills Autonomous<br />

Councils continued to exercise jurisdiction over all the<br />

three districts namely, (i) West Garo Hills District (ii)<br />

East Garo Hills District <strong>and</strong> (iii) South Garo Hills.<br />

The Sixth Schedule, as originally framed, was<br />

applicable only to the tribal areas of the State of Assam 3<br />

by virtue of Article 244(2) <strong>and</strong> 275(1) of the Constitution<br />

of India. Table appended to paragraph 20 of the Sixth<br />

Schedule defined the tribal areas of the State of Assam.<br />

It contained two parts, namely Part A <strong>and</strong> Part B as<br />

follows:<br />

3 State of Assam in 1950 included the areas presently comprising in the States of Arunachal Pradesh, Meghalaya, Mizoram <strong>and</strong> Nagal<strong>and</strong>.<br />

37


PART A<br />

1. The United Khasi-Jaintia Hills District.<br />

2. The Garo Hills District<br />

3. The Lushai Hills District.<br />

4. The Naga Hills District.<br />

5. The North Cachar Hills District.<br />

PART B<br />

1. North East Frontier Tract, including the<br />

Balipara Frontier Tract, the Tirap Frontier<br />

Tract, the Abor Hills District <strong>and</strong> the Mishimi<br />

Hills District.<br />

The Naga tribal area<br />

Paragraph 1 provided <strong>for</strong> an Autonomous District <strong>for</strong><br />

the tribal area in each item of Part A of the table<br />

appended to the paragraph 20.<br />

With regard to areas of Part B of the table, the<br />

Governor was authorized under paragraph 18(1) to<br />

apply all or any of provision of Sixth Schedule to the<br />

said area by issuing public notification subject to<br />

previous approval of the President.<br />

The provisions of the Sixth Schedule were never<br />

extended to Part B areas <strong>and</strong> these areas continued to be<br />

administered by the Governor as the agent of the<br />

President under paragraph 18(2) till such time these areas<br />

were excluded from the purview of the Sixth Schedule.<br />

Analysing Forest Acts of Khasi Hills<br />

District <strong>and</strong> Garo Autonomous<br />

Councils<br />

A critical analysis of the Forest Acts of the Khasi Hills<br />

District Council <strong>and</strong> Garo Autonomous Council<br />

together with the manner in which the laws are<br />

implemented will make it clear to a very large extent<br />

why there has been a gross mismanagement of <strong>for</strong>ests<br />

under the control of the District Council resulting in<br />

its alarming depletion.<br />

The Forest Acts of the Khasi Hills<br />

District Council<br />

The enactment of the laws <strong>for</strong> the control <strong>and</strong><br />

management of <strong>for</strong>ests by the District Council of<br />

Khasi Hills did not however result in the end of the<br />

customary pattern of management of <strong>for</strong>ests. The<br />

United Khasi-Jaintia Hills Autonomous District<br />

(Management <strong>and</strong> Control of Forests) Act 1958, has<br />

given <strong>for</strong>mal recognition to the various customary<br />

categories of <strong>for</strong>ests <strong>and</strong> entrusted on them statutory<br />

obligations <strong>and</strong> have also endowed the managers of<br />

them with statutory powers.<br />

The United Khasi Hills-Jaintia Hills Autonomous<br />

District Council (Management <strong>and</strong> control of Forest)<br />

Act, 1958 has specific laws <strong>for</strong> each category of <strong>for</strong>ests.<br />

The various categories of <strong>for</strong>ests to which the Forest<br />

Act apply are; Private Forests, Village Forests, Raid<br />

Forests, Protected Forests, Green Block, District<br />

Council Reserved Forest, Sacred Forests <strong>and</strong> Un<br />

classed Forests.<br />

The study of the laws applicable to the Private,<br />

Sacred <strong>and</strong> Community Forest together with its<br />

implementation will give a broad idea of the way the<br />

<strong>for</strong>ests are being managed.<br />

Private <strong>for</strong>ests<br />

In the District Council Forest Act of 1958, “Private<br />

Forests” have been classified as:<br />

(a) Ri Kynti – These are <strong>for</strong>ests belonging to an<br />

individual, clan or joint clan.<br />

(b) Law Ri Sumar – These <strong>for</strong>ests belong to<br />

individual clan, joint clan that are grown or<br />

inherited by him in a village.<br />

Clause (a) of Section 4 of the Act, states that the<br />

Private Forests shall be looked after by the owner,<br />

subject to the rules that may be framed by the<br />

Executive Committee from time to time. A major<br />

shortcoming of the said Act is that the manner in<br />

which these <strong>for</strong>ests are to be “looked after” has not<br />

been mentioned in the Act of 1958. Though, clause (a)<br />

of Section 4 of the United Khasi Hills-Jaintia Hills<br />

Autonomous District (Management <strong>and</strong> Control of<br />

Forests) Rules 1960 has various rules <strong>for</strong> the<br />

management of <strong>for</strong>ests. However, a critical look at the<br />

rules reveal that actually there are not rules <strong>for</strong> the<br />

management of <strong>for</strong>ests but rather deal with the<br />

various <strong>for</strong>malities that the private owner has to fulfil<br />

be<strong>for</strong>e making commercial transaction of timber <strong>and</strong><br />

other <strong>for</strong>est produce. What is absent in the rules is a<br />

“working plan” <strong>for</strong> the management of <strong>for</strong>ests.<br />

The importance of a working plan need not be over<br />

emphasized. Development of <strong>for</strong>ests largely depends<br />

upon the quality of working plan <strong>and</strong> the various<br />

prescriptions that are to be undertaken in the<br />

particular <strong>for</strong>est division. The <strong>for</strong>ests are important<br />

not only <strong>for</strong> their productive functions but also <strong>for</strong><br />

environmental <strong>and</strong> protective function. It is there<strong>for</strong>e<br />

essential that the harvesting of timber be done in a<br />

planned <strong>and</strong> scientific manner so as to cause<br />

38 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


minimum harm to the environment <strong>and</strong> to ensure<br />

regeneration of cleared <strong>for</strong>ests.<br />

The absence of a working plan <strong>for</strong> the private<br />

<strong>for</strong>ests can be regarded as one of the major reasons <strong>for</strong><br />

its depletion. This is evident from a note that was<br />

prepared by the State Forest Department <strong>and</strong><br />

submitted to the “Commission of Inquiry on<br />

Autonomous District Administration in Meghalaya”<br />

in 1984. It stated that the District Council has only a<br />

national right over the management of such (Private)<br />

<strong>for</strong>ests. The owners exploit the <strong>for</strong>ests as they like <strong>and</strong><br />

pay royalty to the District Council on timber taken out<br />

<strong>for</strong> trade. The private <strong>for</strong>ests in the Khasi Hills, it is<br />

said, has come under unplanned excessive<br />

exploitation during the past decade or so the owners<br />

of private <strong>for</strong>ests often lease out their <strong>for</strong>ests to timber<br />

contractors who exploit the <strong>for</strong>ests to their maximum<br />

benefit without caring <strong>for</strong> the future. Some<br />

unscrupulous timber traders buy out <strong>for</strong>est operation<br />

rights from the owners of private <strong>for</strong>ests in<br />

anticipation of construction of roads to such areas <strong>and</strong><br />

when the roads are constructed they carry out wanton<br />

felling of trees in the <strong>for</strong>ests.<br />

‘Raid’ <strong>for</strong>est (community <strong>for</strong>ests)<br />

The fact that at times, the enactment of a statutory law<br />

overpowering the customary law of the tribals can<br />

lead to confusion as well on conflict is best<br />

exemplified by the manner in which the `Raid Forests’<br />

are being managed by the Syiems.<br />

The institution of Syiemship is in fact one of the<br />

most important element that held in Khasi society<br />

together, since they were the traditional rulers of the<br />

Khasi Hills. The Syiems however lost their political<br />

importance to the British but retained their position as<br />

an administrative entity with a focus on perpetuating<br />

cultural <strong>and</strong> customary practices of the Khasis.<br />

With the enactment of the Constitution of India<br />

the position of the Syiems has changed <strong>and</strong> their<br />

status has been reduced to that of officials <strong>and</strong><br />

functionaries of the District Council. Thus, as per the<br />

law, the Syiems are treated as administrative officers<br />

by the District Council. However, in practice, they<br />

continue to function as if their status has not<br />

changed <strong>and</strong> this illusion is also presented to the<br />

common man by the manner in which they manage<br />

the Raid Forests in complete violation of the laws of<br />

the District Council.<br />

Under customary laws, the Syiems managed the<br />

`Raid Forests’ <strong>and</strong> collected royalties on timber.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

However, once the District Council has made laws <strong>for</strong><br />

the management of such <strong>for</strong>ests, as authorised by the<br />

Sixth Schedule of the Constitution, the customary law<br />

under which the Syiems managed the Raid Forests<br />

became abrogated . So, the Syiems derived their right<br />

of management from the law made by the District<br />

Council.<br />

The District Council has made laws with regard to<br />

Raid Forests. Clause VI of Section 3 of the United<br />

Khasi Hills Autonomous District (Management <strong>and</strong><br />

Control of Forest) Act, 1958, defines Raid Forests as:<br />

“These are <strong>for</strong>ests looked after by the head of the Raid<br />

<strong>and</strong> under the management of the local administrative<br />

head.” The District Council has made rules under<br />

which the Syiems should remit a portion of the<br />

royalties collected by them to the Council. In reality,<br />

the Syiems ignore all the rules made by the Council,<br />

they in fact have their own Forest Department which<br />

deals with the issuing of permits, settlement of<br />

disputes <strong>and</strong> control of <strong>for</strong>ests. The District Council<br />

has not converted or treated the Syiemship as<br />

administrative units nor entrusted them with specific<br />

function. Yet the Syiems continue to function<br />

according to customs <strong>and</strong> traditions.<br />

Just as the manner in which the “Private Forests”<br />

are to be looked after” has not been provided in the Act<br />

similarly there is no provision either in the Act of 1958<br />

or in the rules made thereunder, as to how the Raid<br />

Forests are to be “looked after”. That is, there are no<br />

proper <strong>and</strong> scientific working plans, to be made by the<br />

administrative head. The Commission of Inquiry on<br />

Autonomous District Administration, 1984, noted that<br />

the general practice has been that the Syiems sell<br />

timbers from the Raid Forests appropriating the money<br />

<strong>and</strong> there is no supervision by the District Council,<br />

whose authority is not recognised by the Syiems. The<br />

Commission noted that the Syiems have become the<br />

de-facto owners of the Raid Forests, as a result of which<br />

they have become depleted. The Commission there<strong>for</strong>e<br />

suggested that there should be rules <strong>for</strong> supervision of<br />

Raid Forests by the District Council <strong>and</strong> these must be<br />

some plans <strong>for</strong> af<strong>for</strong>estation of these <strong>for</strong>ests so that they<br />

may not be depleted. However, these<br />

recommendations of the Commission were ignored<br />

<strong>and</strong> the Syiems continue to manage the <strong>for</strong>ests as<br />

be<strong>for</strong>e.<br />

One of the most important facts highlighted by the<br />

Commission was that contrary to what is believed, the<br />

Syiems have never been the owners of the Raid<br />

Forests which in reality belong to the people. Any<br />

assertion of ownership right by any Syiem over a Raid<br />

<strong>for</strong>est there<strong>for</strong>e, cannot be sustained.<br />

39


Sacred groves<br />

The sacred groves are a unique feature of the Khasi<br />

<strong>and</strong> Jaintia Hills. These are scattered at different<br />

places <strong>and</strong> generally found below the hill brows.<br />

These <strong>for</strong>ests are a relict of the original <strong>for</strong>ests <strong>and</strong> are<br />

a storehouse of a variety of plant genetic resources.<br />

The District Council has entrusted the<br />

management of sacred groves i.e. Law Lyngdoh, Law<br />

Kyntang <strong>and</strong> Law Niam to the Lyngdohs <strong>and</strong> other<br />

such religious priests. The sacred groves however are<br />

also getting destroyed <strong>and</strong> mismanaged, similar to<br />

that of private <strong>for</strong>ests <strong>and</strong> Raid Forests. The reason <strong>for</strong><br />

the destruction <strong>and</strong> mismanagement of sacred groves<br />

is however different from that of Raid <strong>and</strong> private<br />

<strong>for</strong>ests. Since the major reasons <strong>for</strong> its destruction is<br />

the loss of ‘sanctity’.<br />

In the past, the sanctity of the groves were<br />

honoured <strong>and</strong> nothing in this category of <strong>for</strong>ests was<br />

removed except <strong>for</strong> religious purposes. Anyone guilty<br />

of sacrilege is believed to fall under the curse of the<br />

deity <strong>and</strong> faces dire consequences such as premature<br />

death, sickness, poverty etc.<br />

In the present times however the situation has<br />

changed <strong>and</strong> sacred <strong>for</strong>ests are losing their status on<br />

account of a growing population <strong>and</strong> a more<br />

materialistic younger generation together combined<br />

with the fact that those tribals who converted to<br />

Christianity do not subscribe to such beliefs. The idea<br />

of sanctity is thus, increasingly failing to save the<br />

sacred <strong>for</strong>ests. Consequently, many groves have been<br />

totally destroyed whereas in others the frequency of<br />

cutting down trees <strong>and</strong> tendency to violate the<br />

customs are on the rise.<br />

Another reason why the destruction of sacred<br />

<strong>for</strong>ests are taking place is the fact that neither the<br />

Forest Act of 1958 or any rules made thereunder has<br />

any provision <strong>for</strong> those violating these customs.<br />

Clause (b) of Section 4 of the Management <strong>and</strong><br />

Control of Forest Rules 1960, which deals with the<br />

management of sacred groves simply deals with the<br />

procedure through which timber can be removed<br />

from such <strong>for</strong>ests <strong>for</strong> religious purposes, <strong>and</strong> there<br />

exists no penal sanction, either in the <strong>for</strong>m of<br />

imprisonment or fines <strong>for</strong> those violating the rules.<br />

General comments on sacred groves<br />

The Sacred groves of Meghalaya, may not, at the first<br />

glance appear to be of much importance in terms of<br />

biodiversity, since the bulk of them are quite limited<br />

in their extent. Besides the sacred groves are far too<br />

scattered to be regarded as one viable unit from the<br />

conservation point of view. A large number of sacred<br />

groves are also in a degraded state. Studies have<br />

concluded that only 1% of the total area of sacred<br />

groves is undisturbed. The bulk of the sacred groves<br />

are subjected to various degrees of disturbance.<br />

However, despite such a bleak scenario, the sacred<br />

groves are among the last treasure houses of<br />

biodiversity in the region. The sacred groves most<br />

often represent the relict vegetation of a region. The<br />

very weak network of Protected areas in the state as<br />

also of Reserved <strong>and</strong> Protected <strong>for</strong>est means that the<br />

sacred groves are the only patches where many<br />

endangered species find refuge. The sacred groves are<br />

also spread over a wide range of bio-geographical<br />

areas <strong>and</strong> hence have a high rate of species diversity.<br />

The special Constitutional provisions applicable to<br />

this region also means that addition of more PAs will<br />

not be an easy task.<br />

There can be no debate on the subject of the<br />

ecological importance of the sacred groves. What<br />

however can be debated is the strategy that needs to<br />

be undertaken to conserve the unique institution of<br />

sacred groves. As we have seen, sacred groves in<br />

Meghalaya owe their origin to religious beliefs <strong>and</strong><br />

sentiments <strong>and</strong> not to any idea of natural resource<br />

conservation. The multiple social processes of<br />

modernisation, urbanisation, rationalisation together<br />

with changes in the belief system have in varying<br />

degrees contributed to the decrease in the<br />

"sacredness" attached to these groves. Since it is<br />

purely religious sentiments that have protected these<br />

groves, a strategy to revive the religious sentiments,<br />

beliefs <strong>and</strong> myths in the modern world is neither<br />

possible nor desirable. What may hold the key would<br />

be to reeducate the people about the values of the<br />

sacred groves. The "value" could be explained in<br />

terms of its botanical wealth viz., medicinal plants<br />

wealth, the rare <strong>and</strong> endangered species etc. The other<br />

important functions of sacred groves in terms of<br />

serving as a safety reserve in cases of emergency <strong>and</strong><br />

its soil conservation functions also needs to be<br />

emphasised.<br />

It has been suggested that the sacred grove be<br />

brought under the protected area (PA) network.<br />

However it is pertinent to remember some of the<br />

pitfalls of bringing the sacred groves under a PA<br />

network. It has to be emphasised that it is the<br />

"sacredness" that is the most distinguishing feature of<br />

a sacred grove. The entire grove is believed to be under<br />

the control of the guardian spirit. It is this spirit that<br />

reigns over the sacred grove. Nothing is to be done<br />

without the permission of the head priest <strong>and</strong> that too<br />

<strong>for</strong> specified purposes. The establishment of protected<br />

40 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


area network would mean the substitution of the<br />

traditional authority of the priest/village chief etc. by<br />

a rational - legal authority represented by the <strong>for</strong>est<br />

department of the government. A possible<br />

consequence would be the decrease in whatever<br />

sanctity is left in the sacred groves. A scenario, which<br />

could be suicidal since only a fragment of the total area<br />

of the sacred groves in Meghalaya, is undisturbed.<br />

A strategy <strong>for</strong> conservation should be adopted<br />

which takes into account the following conditions:<br />

Unique condition prevailing in a particular<br />

sacred grove.<br />

The beliefs <strong>and</strong> practices prevailing among<br />

the people <strong>and</strong> whether the religious rituals<br />

related to the sacred groves are being<br />

practiced or not.<br />

The status of <strong>for</strong>ests <strong>and</strong> vegetation around<br />

the sacred groves - This is an important factor,<br />

<strong>for</strong> there is bound to be pressure on the sacred<br />

grove if people are to depend on the sacred<br />

grove <strong>for</strong> meeting their biomass requirement.<br />

The religion followed by the people in the<br />

vicinity of the sacred grove - However, this is<br />

quite a complicated issue <strong>and</strong> depends on a<br />

multiplicity of factors. As we have seen in<br />

areas where the people have converted to<br />

Christianity, the belief in the sacredness is on<br />

the decline. However, there are many<br />

instances where the even the Christians<br />

subscribe to the beliefs, myths <strong>and</strong> legends<br />

associated with the sacred groves. Besides<br />

there are groves which are well preserved<br />

even when the bulk of the people around the<br />

sacred grove are Christians, since the Chief of<br />

the village still adhere to their traditional<br />

religion.<br />

The sacred groves may have lost their importance<br />

in terms of their religious significance, however the<br />

high rate of de<strong>for</strong>estation in the state has only<br />

increased their value in terms of harboring the last<br />

remnant biodiversity in the region. The traditional<br />

patterns of beliefs of the people served the latent<br />

function of protecting the <strong>for</strong>ests. The recognition of<br />

this latent function as opposed to the manifest<br />

function of the sacred grove is what might hold the<br />

key to the survival of the sacred groves in Meghalaya.<br />

Forest acts of the Garo Hills<br />

district council<br />

The District Council of Garo Hills has <strong>for</strong> the<br />

management of <strong>for</strong>ests other than Government<br />

controlled <strong>for</strong>ests enacted the Garo Hills District<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

(Forests) Act, 1958. This Act differs from the Forest<br />

Acts of the Khasi Hills since it is shaped according to<br />

the Assam Forest Regulation Act, 1891.<br />

An important provision in the Garo Hills District<br />

(Forests) Act, 1958 is the setting up of a Council<br />

Reserved Forests (S.3). The procedure <strong>for</strong> constituting<br />

a Council Reserved Forests is similar to the procedure<br />

<strong>for</strong> setting up a Government Reserve Forests as given<br />

in the Assam Forests Regulation Act, 1891 (which in<br />

turn was structured in accordance with the Indian<br />

Forest Act, 1878). The only difference being that<br />

instead of a Government appointed Forest Settlement<br />

Officer there is a Council Settlement Officer <strong>for</strong> the<br />

settlement of rights etc.<br />

However no <strong>for</strong>est has been designated as Council<br />

Reserved Forest, <strong>and</strong> a possible answer to it could be<br />

the past experience of the Garos with Reserve Forests.<br />

Just as the Jaintia Hills District Council has<br />

adopted in toto the Forest Act of the Khasi Hills<br />

District Council, similarly the Garo Hills District<br />

Council has adopted many provisions of the Assam<br />

Forest Regulation Act 1891, mutatis mut<strong>and</strong>is <strong>for</strong> the<br />

Garo Hills. Thus Section 20 of the Garo Hills (Forests)<br />

Act 1958 applies chapter IV, VI, VII, VIII, IX, X <strong>and</strong> XI<br />

of the Assam Forest Regulations, mutatis mut<strong>and</strong>is<br />

<strong>for</strong> the management of District Council Forests <strong>and</strong><br />

levy <strong>and</strong> collection of <strong>for</strong>ests revenue. Thus the<br />

District Council of Garo Hills has not made any ef<strong>for</strong>t<br />

to bring out legislation keeping in view the specific<br />

requirements of Garo Hills.<br />

The confusion that arises because of the<br />

simultaneous operation of the customary laws of the<br />

tribal <strong>and</strong> the statutory laws of the District Council is<br />

also evident in the Garo Hills, similar to what prevails<br />

in the Khasi <strong>and</strong> Jaintia Hills. In the plain areas of the<br />

Garo Hills district which comprise roughly 5.75% of<br />

the total area the Assam L<strong>and</strong> <strong>and</strong> Revenue Regulation<br />

Act 1866 is applicable, whereas in the hilly l<strong>and</strong>s the<br />

customary laws govern the system of l<strong>and</strong> tenure.<br />

Most of the l<strong>and</strong> in the hilly portion of Garo Hills<br />

(where also the bulk of <strong>for</strong>ests exists) belongs to one<br />

clan, or the other, <strong>and</strong> in known as a "A' Khing l<strong>and</strong>".<br />

The A khing l<strong>and</strong> belongs to the clan but is under the<br />

control of the head of the clan known as “Nokma”.<br />

Even though theoretically a female is a “Nokma”, but<br />

in actuality the Akhing l<strong>and</strong> is managed <strong>and</strong><br />

controlled by her husb<strong>and</strong> on her behalf.<br />

As Akhing l<strong>and</strong> is clan- l<strong>and</strong> any member of the<br />

clan can cultivate a portion of it without payment of<br />

any fees to the Nokma. However if a member of<br />

41


another clan wants l<strong>and</strong>, then the Nokma can give<br />

him l<strong>and</strong> if available <strong>and</strong> also realizes a small amount<br />

of fees which is called “A wil”. The District Council<br />

has however passed the Garo Hills District (A Wil<br />

Fees) Act, 1960, <strong>for</strong> the regulations, collection of “A’<br />

Wil” fee in the District. In this Act “A’Wil” fee in<br />

described not only as fees paid by any outsiders who<br />

is allowed to Jhum in a particular A’Khing, but also as<br />

fees assessed on timbers or other <strong>for</strong>est produce<br />

extracted from the A’Khing. Under Section 5 of the<br />

Garo Hills District (A’Wil Fees), Act, 1960, the Nokma<br />

of the A’Khing gets 25% of it, <strong>and</strong> 75% goes to the<br />

District Council.<br />

The A’ Wil fees, which has been made applicable<br />

to timber <strong>and</strong> other <strong>for</strong>est produce, is a major factor<br />

contributing to the depletion of <strong>for</strong>ests in the Garo<br />

Hills. This is because both the District Council <strong>and</strong> the<br />

Nokma, derive monetary benefit if trees <strong>and</strong> other<br />

<strong>for</strong>est produce are exploited by people who are not<br />

members of a particular class to which the l<strong>and</strong><br />

belongs.<br />

Under customary law, A’ Wil fees was levied only<br />

on the tribals who were not clan members <strong>and</strong> that to<br />

<strong>for</strong> cultivation. The District Council has, by making<br />

A’wil fees applicable to any person, other than those to<br />

whom the A’Khing l<strong>and</strong> belongs, in fact has legitimised<br />

the exploitation of <strong>for</strong>ests by tribals, who have turned<br />

into professional timber contractor <strong>and</strong> traders.<br />

Another major reasons <strong>for</strong> the mismanagement of<br />

<strong>for</strong>ests in the Garo Hills is the confusion that arises<br />

because of the overlapping authority of the Nokmas<br />

<strong>and</strong> the District Council.<br />

As has been said earlier, most of the l<strong>and</strong> in Garo<br />

Hills belong to one clan or the other (under the control<br />

of the Nokma) in accordance with the customary law.<br />

However, under the Sixth Schedule of the<br />

Constitution, all <strong>for</strong>ests other than Government<br />

Reserved Forests, are to be managed by the District<br />

Council. Since the bulk of the <strong>for</strong>ests are in the hilly<br />

region of the district where the customary law on l<strong>and</strong><br />

is applicable this has led to confusion, as it is difficult<br />

<strong>for</strong> the District Council to effectively manage the<br />

<strong>for</strong>ests, if the l<strong>and</strong> on which the trees exists are not<br />

under its control.<br />

The District Council has sought to end this<br />

confusion through a Rule, according to which, even<br />

though the Nokma has the right to grant permission<br />

<strong>for</strong> felling of trees, however until the District Council<br />

approves it, the permission given by the Nokma has<br />

no validity.<br />

But in actuality the District Council has no proper<br />

mechanism to see whether the number of trees felled<br />

are in accordance with the permit granted. This is<br />

borne out by a note prepared by the State Forest<br />

Department <strong>and</strong> submitted to the Commission of<br />

Inquiry on Autonomous District Administration –<br />

1984. It was stated in the note that :-<br />

“In the Garo Hills the timber traders obtain permission<br />

from the Nokmas <strong>for</strong> extraction of timber from the clan<br />

<strong>for</strong>ests under its custody. The contractors then obtain<br />

timber operation permits from the District Council on<br />

the strength of the Nokmas consent letters. Because of<br />

the lack of adequate field supervision the contractors<br />

operate many more trees than are authorised by the<br />

permits. The District Council has to remain satisfied in<br />

the collection of revenue at <strong>for</strong>est depots. This practice<br />

has resulted is systematic <strong>and</strong> ruthless removal of all<br />

marketable trees from the <strong>for</strong>est <strong>for</strong>ests under the control<br />

of the Garo Hills District Council”.<br />

Conclusions<br />

The above analysis of the District Council laws on the<br />

management <strong>and</strong> control of <strong>for</strong>ests brings us to the<br />

following important conclusions: -<br />

(1) All the laws together with the subsequent<br />

Rules with regard to <strong>for</strong>ests have been made<br />

keeping in view the requirements of trade<br />

<strong>and</strong> commerce <strong>and</strong> looks at <strong>for</strong>ests as a source<br />

<strong>for</strong> generating revenue <strong>for</strong> District Councils.<br />

This is exemplified by the fact that in the<br />

United Khasi-Jaintia Hills Autonomous<br />

District (Management <strong>and</strong> Control of Forests)<br />

Rules 1960, “Forests” have been defined as –<br />

“An area shall be deemed to be a <strong>for</strong>est if there are a<br />

reasonable numbers of trees, say not less than 25 trees<br />

per acre or any <strong>for</strong>est produce growing in such area,<br />

which are capable of being exploited <strong>for</strong> the purpose of<br />

business <strong>and</strong> trade”.<br />

(2) Even though the District Councils have been<br />

constitutionally given the power to manage all<br />

<strong>for</strong>ests other than Government Reserved<br />

Forests, in actuality it has only a notional<br />

control over most of the <strong>for</strong>ests. This is most<br />

acute in the Khasi <strong>and</strong> Jaintia Hills. Thus the<br />

District Council has failed to assert its<br />

authority as the sole manager of <strong>for</strong>ests, <strong>and</strong> as<br />

such a large percentage of <strong>for</strong>ests are managed<br />

in accordance with the customary laws.<br />

42 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


(3) There has been a gross mismanagement of<br />

<strong>for</strong>est by the District Council, <strong>and</strong> one reason<br />

<strong>for</strong> this mismanagement is the absence of a<br />

working plan. The mismanagement of <strong>for</strong>ests<br />

due to the absence of a working plan, results<br />

not only in the rapid depletion of <strong>for</strong>ests, but<br />

also generates less revenue <strong>for</strong> the owners.<br />

Thus, even though the <strong>for</strong>ests under the<br />

control of the District Councils have been<br />

ruthlessly exploited as compared to those<br />

under the control of the State Forest<br />

Department, yet the Commission of Inquiry<br />

in 1984 found out that whereas, the State<br />

Forest Department has control over only 10%<br />

of the total <strong>for</strong>est area in the State, it earns<br />

about a crore of rupees, whereas the three<br />

District Council with over 90% of the total<br />

<strong>for</strong>ests earn much less.<br />

(4) Most of the laws enacted by the District<br />

Councils <strong>for</strong> the management of <strong>for</strong>ests are<br />

not comprehensive <strong>and</strong> adequate to deal with<br />

the unique circumstances prevailing in a<br />

particular Autonomous District. Thus, the<br />

Jaintia Hill District Council has applied the<br />

Forest Acts of the Khasi Hills mutatismut<strong>and</strong>is,<br />

whereas the Garo Hills District<br />

Council has applied various provisions of the<br />

Assam Forest (Regulation) Act, 1891 mutatismut<strong>and</strong>is.<br />

(5) The District Council has modified some<br />

customary laws on <strong>for</strong>ests so that more<br />

revenue can be generated in total disregard to<br />

its consequence on the <strong>for</strong>ests. Thus, whereas<br />

previously in the Garo Hills, A ‘Wil fees was<br />

applicable to only those who cultivated in a<br />

l<strong>and</strong> which belongs to another clan, the<br />

District Council of Garo Hills has made the<br />

levy of A’Wil fees applicable to the removal of<br />

timber <strong>and</strong> other <strong>for</strong>est produce <strong>and</strong> this levy<br />

of A’Wil fees has contributed in a major way<br />

to the depletion of <strong>for</strong>ests. The reason being<br />

that since <strong>for</strong>est products used locally by the<br />

people cannot be taxed, the District Council<br />

makes no ef<strong>for</strong>t to stop the indiscriminate<br />

felling of trees <strong>and</strong> their transportation to<br />

outside markets since that alone constitutes<br />

the largest source of revenue <strong>for</strong> the District<br />

Council.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

There exist certain other factors, which have<br />

contributed to the depletion of <strong>for</strong>ests under the<br />

control of the District Council, which are to a large<br />

extent common to all the three District Councils.<br />

Firstly, in spite of the constitutional status of the<br />

District Council, there is no m<strong>and</strong>atory financial<br />

provision to cater to their administrative needs, either<br />

through plan or non-plan. If financial assistance is<br />

made available from the State Government, it is mostly<br />

in the <strong>for</strong>m of grant-in-aid <strong>and</strong> <strong>for</strong> limited purposes.<br />

Thus <strong>for</strong> example the Khasi Hills District Council is left<br />

to fend <strong>for</strong> itself <strong>for</strong> financing its whole administrative<br />

set-up with whatever resources it has. Hence the<br />

contention of the District Councils is that it has no<br />

choice but to depend heavily on revenue from <strong>for</strong>est<br />

resources. Of the entire receipt of the Khasi Hills<br />

District Council in 1990, revenue from timber exports<br />

alone accounts <strong>for</strong> 70%. This amount is used to finance<br />

the entire District Council administration comprising<br />

of the executive, the legislature <strong>and</strong> the judiciary <strong>and</strong><br />

no allocation could be made <strong>for</strong> af<strong>for</strong>estation.<br />

Secondly, whereas various provisions of the Forest<br />

Acts of the District Councils are penal in nature.<br />

However, the District Councils have no machinery to<br />

en<strong>for</strong>ce these laws e.g. the village courts set up by the<br />

District Council has no means to compel the<br />

attendance of the accused be<strong>for</strong>e it. As such the village<br />

courts generally makes a request to the police to get<br />

the accused arrested, however the police treats the<br />

requests as a F.I.R. <strong>and</strong> gets the accused arrested, but<br />

produces them in the District Magistrates Courts <strong>and</strong><br />

not the Village Courts. Hence the village courts are<br />

unable to do their duty of administering justice.<br />

Finally, the entire administrative structure with<br />

regard to <strong>for</strong>est structure the District Council is highly<br />

“bureaucratic” in nature <strong>and</strong> not much different from the<br />

State Forest Department. Thus an elaborate hierarchy of<br />

posts exists such as Chief Forest Officer, Assistance Forest<br />

Officer, Forest Ranger, Deputy Forest Ranger, Forest<br />

Guard etc. Thus whereas the Constitution makers had<br />

given the District Council the right to make laws <strong>and</strong><br />

manage <strong>for</strong>ests in the manner best suited <strong>for</strong> the tribals,<br />

the District Council have created an administrative<br />

structure which was alien to the tribals <strong>and</strong> similar to the<br />

administrative structure of the Government.<br />

43


Meghalaya, with its diverse habitats <strong>and</strong> large<br />

area under <strong>for</strong>est supports an array of fauna<br />

<strong>and</strong> flora. The state has about 5538 known<br />

species of fauna comprising of 139 species of<br />

mammals, 540 species of birds, 94 species of reptiles,<br />

33 species of amphibians <strong>and</strong> 152 species of fishes<br />

(Alfred, 1995). Of these, Garo Hills has 79 species of<br />

mammals, 206 species of birds, 50 species of reptiles,<br />

14 species of amphibians <strong>and</strong> over 100 species of<br />

fishes. The floral diversity is equally rich <strong>and</strong> harbors<br />

about 3128 species of flowering plants <strong>and</strong><br />

contributes about 18% of the total flora of the country,<br />

including 1237 endemic species. About 40% of the<br />

total flora of the state is endemic (Khan et al 1997;<br />

Anon 2005).<br />

Forest Types<br />

Following is a brief classification of <strong>for</strong>ests of<br />

Meghalaya with the respective species composition,<br />

which is based on Haridasan <strong>and</strong> Rao (1985).<br />

A. Tropical Forests<br />

i. Tropical evergreen <strong>for</strong>ests<br />

ii. Tropical semi-evergreen <strong>for</strong>ests<br />

iii. Tropical moist <strong>and</strong> dry deciduous <strong>for</strong>ests<br />

B. Sub-Tropical broad leaved <strong>for</strong>ests<br />

C. Sub-Tropical Pine <strong>for</strong>ests<br />

D. Bamboo <strong>for</strong>ests<br />

E. Grassl<strong>and</strong>s <strong>and</strong> Savannas<br />

A. Tropical Forests:<br />

These <strong>for</strong>ests are found up to an elevation of 1200 m <strong>and</strong><br />

CHAPTER IV<br />

Forest resources <strong>and</strong> their management in<br />

Garo Hill districts<br />

Kiranmay Sarma <strong>and</strong> S<strong>and</strong>eep Kumar Tiwari<br />

in areas, which receive an average rainfall of about<br />

1000-2500 mm.<br />

i. Tropical evergreen <strong>for</strong>ests:<br />

These <strong>for</strong>ests usually occur in high rainfall areas <strong>and</strong><br />

near catchment areas. They seldom <strong>for</strong>m continuous<br />

belts due to various exogenous factors, but still<br />

harbour very rich species diversity. The trees exhibit<br />

clear zonation with dense, often impenetrable,<br />

herbaceous undergrowth.<br />

The top canopy is composed of trees like Mesua ferrea,<br />

Castanopsis indica, Dysoxylum gobara, D. binectariferum,<br />

Talauma hodgsoni, Bischofia javanica, Sapium baccatum,<br />

Terminalia citrina, T. belerica, Xerospermum glabratum,<br />

Cynometra poly<strong>and</strong>ra, Elaeocarpus robustus, E. rugosus,<br />

E. floribundus, Polyalthia cerasoides, Pterospermum<br />

acerifolium, Lannea corom<strong>and</strong>elica, Eriobotrya bengalensis<br />

<strong>and</strong> Acrocarpus fraxinifolius.<br />

The second storey, which is almost obscure, is<br />

composed of trees like Garcinia paniculata, G. cowa, G.<br />

pedunculata, Syzygium operculatum, Vitex glabrata,<br />

Premna bracteata, Sarcosperma griffithii, Ficus racemosa,<br />

Turpinia pomifera, Nauclea griffithii, Saraca asoka,<br />

Dimocarpus longan, Pterospermum lanceaefolium,<br />

Stercularia roxburghii, S. hamiltonii, Mangifera sylvatica,<br />

Ostodes paniculata, Antidesma acuminatum, Knema<br />

linifolia, etc.<br />

Smaller trees of the third storey consist of Oreocnoide<br />

integrifolia, Ficus lamponga, F. clavata, Alchornea<br />

tiliaefolia, Sarcochlamys pulcherrima, Boehmeria<br />

hamiltoniana, Antidesma bunius, Macropanax dispermus,<br />

Ixora subsessilis, Trevesia palmate, Brassaiopsis glomerata,


Fig.1 Forest cleared <strong>for</strong> slash <strong>and</strong> burn (Jhum) cultivation in Garo Hills<br />

Premna barbata, Saprosma ternatum, Leea umbraculifera,<br />

Goniothalamus simonsi, etc.<br />

The shrub layer is comprised of Draceana elliptica,<br />

Canthium angustifolium, Phlogacanthus thyrsiflorus,<br />

Ardisia thomsonii, Lasianthus hookeri, Hyptianthera<br />

stricta etc. Grasses <strong>and</strong> a number of perennial herbs<br />

<strong>and</strong> some emergent ferns occasionally cover the <strong>for</strong>est<br />

floor heavily covered by humus <strong>and</strong> litter. Wood<br />

rotting fungi are abundant on fallen tree trunks <strong>and</strong><br />

branches.<br />

Climbers <strong>and</strong> lianas are also present in large numbers<br />

in these <strong>for</strong>ests. A few important lianas are: Hodgsonia<br />

macrocarpus, Beaumontia gr<strong>and</strong>iflora, Gnetum sc<strong>and</strong>ens,<br />

Ventilago madraspatana, Cayratia pedata, Chonemorpha<br />

fragrans, Ampelocissus latifolia, Phanera nervosa, P.<br />

khasiana, Lasiobema sc<strong>and</strong>ens, Combretum roxburghii,<br />

Entada purseatha, Schefflera venulosa etc. These climbers,<br />

which intertwine with each other <strong>and</strong> entangle trees,<br />

render the <strong>for</strong>ests almost impenetrable. Some ferns<br />

obviously epiphytic ones, perch over these giant lianas<br />

at intervals. A few climbers like Thunbergia gl<strong>and</strong>iflora,<br />

Gouania tiliaefolia, Adenia trilobata, Solena heterophylla,<br />

Pegia nitida, Desmos longiflorus etc. that are associated<br />

with lianas, give the <strong>for</strong>est margins <strong>and</strong> openings a<br />

closed cascade-like appearance. The high reaches of the<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

lofty trees are often blanketed by a lush growth of<br />

epiphytic orchids like Pholidota imbricata, Dendrobium<br />

sp., <strong>and</strong> other species such as Hoya parasitica, Asplenium<br />

sp., Aeschynanthus suparba, etc. imparting colour <strong>and</strong><br />

elegance to the canopy while in bloom. Wherever the<br />

canopy is slightly open, ascending epiphytic climbers<br />

mainly of the Araceae, such as Raphidophora decursiva,<br />

R. lancifolia, Pothos sc<strong>and</strong>ens etc. completely mask the<br />

tree trunks.<br />

Even though there is no uni<strong>for</strong>mity in the distribution<br />

of dominant tree species in these <strong>for</strong>ests, yet in some<br />

places their dominance can be marked. For example,<br />

Sapium baccatum in Umsalem, Baghmara, Rongra,<br />

Balpakram, etc. <strong>and</strong> Xerospermum glabratum in<br />

Rongrengiri. Along river courses, Duabanga<br />

gr<strong>and</strong>iflora is more prevalent with under storey trees<br />

like Vatica lanceaefolia.<br />

ii. Tropical semi-evergreen <strong>for</strong>ests:<br />

These <strong>for</strong>ests occupy the northeastern <strong>and</strong> northern<br />

slopes in the state, typically up to an elevation of 1200 m<br />

<strong>and</strong> where annual rainfall is 1500-2000 mm with a<br />

comparatively cooler winter. The number of species is<br />

fewer than that of the evergreen zone. There are also a<br />

few deciduous species in these <strong>for</strong>ests such as Careya<br />

45


Fig. 2 Tiger in Balpakram National Park<br />

arborea, Dillenia pentagyna <strong>and</strong> Callicarpa arborea. Further,<br />

there is a clear stratification of the trees in these <strong>for</strong>ests<br />

as well.<br />

The top canopy includesElaeocarpus floribundus, Dillenia<br />

pentagyna, D. indica, Hovenia acerba, Ehretia acuminata<br />

<strong>and</strong> Lithocarpus fenestratus. The second storey is<br />

composed of Micromelum integerrimum, Garcinia<br />

lanceaefolia, Sapindus rarak, Symplocus paniculata, Rhus<br />

acuminata, Dalbergia assamica, Bridelia monoica, Vernonia<br />

volkameriaefolia <strong>and</strong> Ficus hirta.<br />

The shrub layer is not very dense. The common<br />

shrubs are R<strong>and</strong>ia griffithii, Boehmeria sidaefolia, Ardisia<br />

thomsonii, A. floribunda, Clerodendrum bracteatum <strong>and</strong><br />

Eriobotrya angustissima <strong>and</strong> the common perennial<br />

herbs are Costus speciosus, Curcuma domestica, C.<br />

zedoaria <strong>and</strong>Hedyotis sp.<br />

iii. Tropical moist <strong>and</strong> dry deciduous Forests:<br />

This type of <strong>for</strong>ests occurs at comparatively low<br />

elevations where annual rainfall is below 1500 mm.<br />

Typical natural deciduous <strong>for</strong>ests do not occur<br />

anywhere in Meghalaya. They are only sub-climax or<br />

man-made <strong>for</strong>ests (Tripathi, 2002). These <strong>for</strong>ests are<br />

characterized by seasonal leaf shedding <strong>and</strong> profuse<br />

flowering of the trees. Recurrent <strong>for</strong>est fires are a<br />

common phenomenon here. Deciduous <strong>for</strong>ests are<br />

much more extensive in their distribution in the<br />

state. They include a host of economically important<br />

trees like Shorea robusta, Tectona gr<strong>and</strong>is, Terminalia<br />

myriocarpa, Sterculia villosa, Lagerstroemia flos-reginae,<br />

L. parvifolra, Morus laevigatus, Artocarpus chaplasha,<br />

Gmelia arborea, etc. in both natural <strong>for</strong>ests <strong>and</strong> as a<br />

plantation. Schima wallichii, Artocarpus gomeziana<br />

Tetrameles nudiflora, Lannea corom<strong>and</strong>elica, Salmalia<br />

malabarica, Erythrina stricta, Premna milleflora, Vitex<br />

peduncularis, Albizzia lebbek, A. lucida <strong>and</strong> Terminalia<br />

belerica are abundant in these <strong>for</strong>ests. The trees of the<br />

deciduous canopy are tall, straight-boled <strong>and</strong> with<br />

spreading crown.<br />

A distinct second storey can usually be observed in<br />

these <strong>for</strong>ests <strong>and</strong> this zone is composed of Aporosa<br />

roxburghii, Croton joufra, C. disperma, Mallotus<br />

tetracoccus <strong>and</strong> Glochidion lanceolarium. These trees,<br />

which are smaller than the canopy trees, are laxly<br />

branched <strong>and</strong> have a narrow crown.<br />

The shrub layer is often gregarious <strong>and</strong> <strong>for</strong>ms an<br />

impenetrable thicket during rainy season with<br />

profuse growth of stragglers <strong>and</strong> spreading shrubs<br />

interwoven by slender annual climbers. The main<br />

46 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


components of this layer are Phlogacanthus thyrsiflorus,<br />

Desmodium pulchellum, Flemmingia macrophylla,<br />

Holarrhena antidysenterica, Costus speciosus, Leea crispa,<br />

L. indica, Glycosmis arborea, Allophyllus cobbe, Licuala<br />

peltataetc.<br />

Lianas are fewer but sc<strong>and</strong>ent shrubs like Bridelia<br />

stipularis, Combretum roxburghii, Mussaenda glabra,<br />

Hiptage benghalensis, Aspidopteris elliptica <strong>and</strong> Pottsia<br />

laxiflora are frequent. However, lianas like Spatholobus<br />

roxburghii, Phanera nervosa, Entada purseatha etc. make<br />

their way high up the canopy <strong>and</strong> become spectacular<br />

but often de<strong>for</strong>m the main trees. The epiphytic flora is<br />

extremely low when compared to the other types of<br />

<strong>for</strong>ests. However, massive growth of epiphytic orchids<br />

like, Pholidota imbricata, Dendrobium moschatum, D. nobile<br />

which bloom during rainy season, <strong>and</strong> Papilionanthe<br />

which densely infest trees giving them a pink mosaic<br />

appearance during summer are quite common. The tree<br />

trunks also provide a favourable habitat <strong>for</strong> the growth<br />

of ferns like, Drymaria sp.,Microsorum sp., etc. Chain-like<br />

growth of Hoya lanceolata or Dischidia nummularia is also<br />

encountered. Terrestrial ferns are rather rare except<br />

Pteris sp. that often dominates the ground vegetation.<br />

The undergrowth of these <strong>for</strong>ests varies from one<br />

locality to another. For instance, in Sonsak area it is<br />

dominated by Leea crispa whereas it is Desmodium<br />

pulchellum in Tasek, Licuala peltata in Darugiri, <strong>and</strong><br />

Phlogacanthus thyrsiflorus in Lailad. Man-made <strong>for</strong>est<br />

fires kill much of the undergrowth during dry period<br />

(December-April). Only the hardier species such as<br />

Eupatorium spp. , Lantana camara, etc., manage to<br />

thrive. With the constant occurrence of fires <strong>and</strong><br />

human interference, particularly the practice of<br />

shifting agriculture with a short jhum cycle, vast<br />

<strong>for</strong>ests in this belt are in a much degraded state. In<br />

such degraded <strong>for</strong>ests, trees like, Bauhinia purpurea,<br />

Macaranga denticulate, Callicarpa arborea, Emblica<br />

officinalis, Careya arborea, Grewia microcosm, Holarrhena<br />

antidysenterica <strong>and</strong> Zizyphus oenoplia are commonly<br />

seen.<br />

B. Sub-Tropical broad-leaved <strong>for</strong>ests:<br />

These <strong>for</strong>ests occur at higher elevations (above 1000<br />

m), mostly along the southern slope of Khasi, Garo<br />

<strong>and</strong> Jaintia hills. The rainfall here is very high (2000-<br />

5000 mm) with a winter during November-March.<br />

Ground frost is also common during December-<br />

January.<br />

These climatic climax <strong>for</strong>ests are usually found in<br />

isolated pockets along valleys, slopes, rivers <strong>and</strong><br />

streams. Tree species in general show bushy <strong>and</strong><br />

stunted habitat. They <strong>for</strong>m a dense canopy with<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Fig. 3 Top & bottom Asian elephants in Baghmara<br />

reserve <strong>for</strong>est<br />

Lithocarpus fenestratus, Castanopsis kurzii, Quercus<br />

griffithii, Q. semiserrata, Castanopsis armata, Schima<br />

khasiana, Myrica esculenta, Symplocos glomerata, Photinia<br />

arguta, Syzygium tetragonum, Ficus nemoralis, Saurauria<br />

armata, Echinocarpus dasycarpus, Elaeocarpus prunifolius,<br />

E. acuminatus, Mangleitia insignis, M. caveana, Ilex<br />

venulosa, I. umbellata, Exbuckl<strong>and</strong>ia populnea, Lindera<br />

melastomacea, Engelhardtia spicata, Betula alnoides <strong>and</strong><br />

occasionally, Schima wallichii <strong>and</strong>Wendl<strong>and</strong>ia sp. etc.<br />

in varied associations.<br />

A well-developed impenetrable shrub layer can be<br />

seen in these <strong>for</strong>ests. This layer includes Mahonia<br />

pycnophylla, Daphne papyracea, D. involucrate, Polygala<br />

arillata, Myrsine semiserrata, Baliospermum micranthum,<br />

Maesa chisia, Ardisia thomsoni, R<strong>and</strong>ia griffithii,<br />

Viburnum foetidum, V. simonsii, Helicia nilagirica,<br />

Symplocos paniculata, S. chinensis, Ixora subsessilis,<br />

Goniothalamus sesquipedalis, Camellia caudata, C.<br />

cauduca, Neillia thyrsiflora <strong>and</strong> Lyonia ovalifolia among<br />

others.<br />

In open places <strong>and</strong> streams, particularly during rainy<br />

season, a well marked herbaceous layer comes up,<br />

which includes mostly annuals like Houttuynia<br />

cordata, Adenostemma lavenia, Myriactis nepalensis,<br />

Begonia palmata, Didymocarpus palmata, Elatostemma<br />

rupestra, Impatiens sp., Sonerila sp., Disporum sp.,<br />

47


Ainsliaea latifolia, Panax pseudo-ginseng <strong>and</strong> members<br />

of Commelinaceae <strong>and</strong> Arecaceae families. Some<br />

saprophytes like Monotropa unifloraare also present.<br />

These <strong>for</strong>ests are exceptionally rich in epiphytic flora.<br />

Almost all tree trunks <strong>and</strong> branches are heavily<br />

plastered with a layer of epiphytes. The fern flora is<br />

more characteristic <strong>and</strong> takes dominance over others.<br />

A few important ferns found in these <strong>for</strong>ests are:<br />

Asplenium nidus, A. normale, Loxogramme involuta,<br />

Ploypodium argutum, Vittaria elongata, Lepisporus spp.,<br />

Pyrrosia sp. Coelogyne punctulata, Pleione precox,<br />

Dendrobium sp., Agapetes obovata, A. verticillata,<br />

Vaccinium donianum, Rhaphidophora decursiva, R.<br />

lancifolia, Aeschynanthes sp., <strong>and</strong> Hoya sp. are also quite<br />

characteristic <strong>and</strong> abundant in these <strong>for</strong>ests.<br />

Climbers are usually few <strong>and</strong> less frequent <strong>and</strong> most<br />

of them are only sc<strong>and</strong>ent shrubs like Aspidopterys<br />

indica, Rourea minor, Rosa moschata, Kadsura heteroclite,<br />

Eleagnus pyri<strong>for</strong>mis, Ficus laevis, Hedera nepalensis,<br />

Codonopsis javanica, Porana racemosa etc. Occasionally<br />

Gnetum sc<strong>and</strong>ens, <strong>and</strong> Osmanthus fragrans, Jasminum<br />

dispermum, Clematis loureiriana, Passiflora nepalensis<br />

<strong>and</strong> others are also seen.<br />

C. Sub- Tropical Pine Forests:<br />

The pine <strong>for</strong>ests in Meghalaya are confined to the<br />

higher reaches of the Shillong plateau in Khasi <strong>and</strong><br />

Jaintia hills. Pinus kesiyais the principal species, often<br />

<strong>for</strong>ming pure st<strong>and</strong>s.<br />

The pine <strong>for</strong>ests of Meghalaya are, however, not a<br />

climax type, but represent late secondary successional<br />

community. These pine <strong>for</strong>ests are interspersed with a<br />

few broad-leaved trees such as Schima wallichii, Acacia<br />

dealbata, Erythrina arborescens, Myrica esculenta etc.<br />

Lyonia ovalifolia, Gaultheria fragrantissima, Eupatorium<br />

adenophorum <strong>and</strong>Rhus sp. are common shrubs in these<br />

<strong>for</strong>ests. During rainy season there is profuse<br />

herbaceous undergrowth of Anemone rivularis,<br />

Ranunculus cantonensis, Potentilla fulgens, Artimesia<br />

nilagirica, Agrimonia nepalensis, Elsholzia bl<strong>and</strong>a etc.<br />

Much of the herbaceous flora is killed or lies dormant<br />

during winter, giving a barren look to the ground<br />

layer. Eupatorium adenophorum <strong>and</strong> E. riparium <strong>for</strong>m<br />

the only undergrowth in certain places in these pine<br />

<strong>for</strong>ests. Aeginetia indica, a member of Orobanchaceae,<br />

makes its appearance in some <strong>for</strong>ests among pine<br />

litters during August-October.<br />

Moderately shaded areas <strong>and</strong> slopes support grasslegume<br />

associations, which are subjected to grazing.<br />

The common legumes are Indigofera dosua, Desmodium<br />

heterocarpum, Priotropis cytisoides, Smithia bl<strong>and</strong>a etc.<br />

These are associated with grasses like Sporobolus<br />

fertilis, Paspalum dilatatum, Eragrostis nigra, Panicum<br />

sp. etc. Several terrestrial ferns <strong>for</strong>m gregarious<br />

patches. Mention may be made of Dicranopteris<br />

linearis, Pteridium aquilinum etc. Epiphytic ferns like<br />

Lepisorus excavatus, Pleopeltis kashyapili, P. lori<strong>for</strong>mis, P.<br />

thunbergiana, Pyrrosia manii, <strong>and</strong> P. mollis are also<br />

noticed on pine trees.<br />

D. Bamboo Forests:<br />

Bamboo <strong>for</strong>ests are not natural but appear in 15-20<br />

years old jhum fallows. These <strong>for</strong>ests at places, <strong>for</strong>m<br />

pure st<strong>and</strong>s. The common bamboo species in<br />

Meghalaya are Dendrocalamus hamiltonii, D. giganteus,<br />

Bambusa bambos, Chepalostachyum latifolium,<br />

Chimonobambusa khasiana <strong>and</strong> Melocanna bambusoides.<br />

Bamboos, also appears in comparatively older <strong>for</strong>ests<br />

where there are some gaps in the canopy. These<br />

bamboo <strong>for</strong>ests are commonly noticed in Lailad,<br />

Umsalem, Tasek, Darigiri, Bonsamgiri, Rongra,<br />

Bokmagiri <strong>and</strong> Dinadubi areas.<br />

E. Grassl<strong>and</strong>s <strong>and</strong> Savannas:<br />

Grassl<strong>and</strong>s <strong>and</strong> savannas in Meghalaya have<br />

developed as a result of removal of natural <strong>for</strong>est<br />

cover. Large areas are covered with rolling grassl<strong>and</strong><br />

<strong>and</strong> can be seen throughout the Shillong plateau,<br />

around Riangdo, Ranikor, Weiloi, Mawphlang,<br />

Mawsynram, Cherrapunjee, Shillong-Jowai sector,<br />

Jarain <strong>and</strong> Sutnga in Khasi <strong>and</strong> Jaintia hills <strong>and</strong> in<br />

major parts of West Garo hills.<br />

The dominant grasses are Saccharum spontaneum, S.<br />

arundinaceum, Neyraudia reynaudiana, Thysanolaena<br />

maxima, Chrysopogon aciculatus, Narenga porphyrocoma,<br />

Panicum atrosanguineum, P. khasianum, Setaria glauca, S.<br />

palmaefolia, Oplismenus burmanii, Axonopus compressus,<br />

Imperata cylindrical, Paspalum dilatatum <strong>and</strong><br />

Arundinella brasilensis. These grasses are associated<br />

with sedges like Mariscus sumatrensis, Fimbrystylis<br />

dichotoma, Cyperus zollingeri, C. tuberosus, Scleria<br />

terrestris <strong>and</strong> Eriocaulaceae members such as<br />

Eriocaulon cristatum <strong>and</strong> E. brownianum etc. A few<br />

scattered trees belonging to Emblica officinalis, Helicia<br />

nilagirica, Schima wallichii, Engelhardtia spicata etc. are<br />

also noticed in certain places in these grassl<strong>and</strong>s.<br />

Apart from giving a green look to the barren hills, these<br />

grassl<strong>and</strong>s also support other dicotyledonous species<br />

like Eriosema chinensi, Polygonum bistorta, Trifolium<br />

repens, Centella asiatica, Hypochaeris radicata, Sonchus<br />

asper, Centranthera gr<strong>and</strong>iflora, Hemiphragma<br />

heterophyllum, Eusteralis linearis, Plectranthus ternifolius,<br />

Osbeckia stellata, O. glauca, Impatiens chinensis, I. radicans,<br />

48 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Table 1 Forest Type classes of different districts of Garo Hills (in km 2 )<br />

Table 2 Reserved Forests in Garo Hills<br />

A. East Garo Hills<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Source: Official website of Govt. of Meghalaya - http://meghalaya.nic.in/naturalres/ <strong>for</strong>est.htm<br />

49


B. West Garo Hills<br />

C. South Garo Hills<br />

Drosera peltata, Utricularia striatula, U. bifida <strong>and</strong> ferns<br />

like Pteridium aquilinum, Dicranopteris linearis <strong>and</strong><br />

Lycopodium sp. Apart from these, in sub-tropical zones<br />

Inula eupatoriodes, Butea minor etc. <strong>for</strong>m gregarious<br />

patches as seen in Jowai-Garampani, Jowai-Jarain,<br />

Nongstoin-Riangdo sectors.<br />

Protection Measures<br />

Table 3 National Parks <strong>and</strong> Sanctuaries of Garo Hills districts of Meghalaya<br />

[Source: Tiwari et al., 1996]<br />

To conserve the unique biodiversity of the state, the<br />

<strong>for</strong>est department has notified several sanctuaries<br />

<strong>and</strong> national parks: the Balpakram <strong>and</strong> Nokrek<br />

National Parks are of national importance due to<br />

their enormous wealth of endemic flora, <strong>and</strong> rare<br />

<strong>and</strong> endangered fauna. Table 3 lists these parks <strong>and</strong><br />

sanctuaries notified in the state.<br />

[Source: B.K. Tiwari et al., 1996]<br />

50 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Alfred, J.R.B (1995): Fauna of Meghalaya, Part I:<br />

Vertebrate. Zoological Survey of India,<br />

Pp679<br />

Tripathi, O.P. 2002. Study of distribution pattern<br />

<strong>and</strong> ecological analysis of major <strong>for</strong>est<br />

types of Meghalaya. Ph.D. Thesis. North-<br />

Eastern Hill University. Shillong, India.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

References<br />

Khan, M.L., S. Menon <strong>and</strong> K.S. Bawa. 1997.<br />

Effectiveness of the protected area network<br />

in biodiversity conservation, a case study<br />

of Meghalaya. Biodiversity <strong>and</strong><br />

Conservation 6: 853-868.<br />

Anon 2005: State of the Environment Report, 2005:<br />

Meghalaya. Department of Environment<br />

<strong>and</strong> Forests, Government of Meghalaya<br />

2005<br />

Fig. 4 Machan used by villagers <strong>for</strong> guarding their crops from wild animals<br />

51


Introduction<br />

There is an increasing need to be able to precisely<br />

describe <strong>and</strong> classify l<strong>and</strong> use systems that are<br />

best suited <strong>for</strong> each location. Technological<br />

advances such as remote sensing data are now<br />

available from earth observation satellites <strong>and</strong> make it<br />

increasingly possible to map, evaluate <strong>and</strong> monitor<br />

l<strong>and</strong> use <strong>and</strong> l<strong>and</strong> cover over vast areas. Remote<br />

Sensing is a powerful technique <strong>for</strong> surveying,<br />

mapping <strong>and</strong> monitoring earth resources. L<strong>and</strong> cover<br />

has visual effects, visible by the remote sensor, as it<br />

covers the l<strong>and</strong> at the time of satellite observation.<br />

This technology combined with GIS, which excels in<br />

storage, manipulation <strong>and</strong> analysis <strong>for</strong> geographic<br />

in<strong>for</strong>mation, provide <strong>for</strong> a wider application. L<strong>and</strong><br />

resource <strong>and</strong> environmental decision makers, natural<br />

resources conservators both in terms of fauna <strong>and</strong><br />

flora require quantitative in<strong>for</strong>mation on the spatial<br />

distribution of l<strong>and</strong> use types <strong>and</strong> conditions. Here,<br />

an attempt has been made to classify the satellite<br />

imageries covering the Garo Hills districts of<br />

Meghalaya into different l<strong>and</strong> use <strong>and</strong> l<strong>and</strong> covers.<br />

Methodology<br />

Supervised classification was carried out to delineate<br />

different l<strong>and</strong> uses viz., dense <strong>for</strong>ests, open <strong>for</strong>ests,<br />

bamboo brakes <strong>and</strong> non <strong>for</strong>est areas. Supervised<br />

classification can be defined normally as the process<br />

of samples of unknown identity <strong>and</strong> are those pixels<br />

located within the training sites. In this type of<br />

classification, spectral signatures are developed from<br />

specified locations in the image. These specific<br />

locations are given a generic name ‘training sites’ <strong>and</strong><br />

are defined. These training sets help in developing the<br />

CHAPTER V<br />

L<strong>and</strong> use / l<strong>and</strong> cover <strong>and</strong> community structure of<br />

major <strong>for</strong>est types in Garo Hill districts<br />

Kiranmay Sarma, O. P. Tripathy <strong>and</strong> Krishna Upadhyay<br />

outline areas. Multiple polygons are created <strong>for</strong> each<br />

l<strong>and</strong> category to delineate relevant l<strong>and</strong> use type.<br />

These signatures are then used to classify all pixels in<br />

the scene. Sufficient Ground Controlled Points (GCP)<br />

are taken to confirm the different l<strong>and</strong> use types.<br />

Nearest Neighbour Analysis is done <strong>for</strong> post<br />

classification smoothening. To delineate shifting<br />

cultivation areas from the non <strong>for</strong>est areas visual<br />

interpretation technique is used (Garg et al., 1988;<br />

SAC, 1999). Similar technique is applied to delineate<br />

the plantation areas from the classified dense <strong>and</strong><br />

open <strong>for</strong>ests areas.<br />

Forest type <strong>and</strong> different<br />

l<strong>and</strong> uses<br />

The Garo Hills district occupies an area of 8,167 km2 which is 36.4% of the total geographical area of the<br />

state of Meghalaya. Out of this, 4,688 km2 (57.40%) is<br />

under <strong>for</strong>est cover (dense <strong>for</strong>est, open <strong>for</strong>est <strong>and</strong><br />

bamboo brakes). The vegetation of Garo Hills is<br />

represented by either tropical moist <strong>and</strong> dry<br />

deciduous or sub-tropical broad-leaved <strong>for</strong>ests. The<br />

area under dense <strong>for</strong>est cover is 4.23 percent (which is<br />

345.50 km2) while open <strong>for</strong>est covers an area of<br />

4,255.60 km2 (52.11%) of the total area of Garo Hills.<br />

An area of 37 km2 (0.45%) is occupied by plantations<br />

of Cashewnut, rubber, teak, areca nut <strong>and</strong> coffee. The<br />

areas under bamboo brakes is about 50 km2 which is<br />

6.1% of the total area. The remaining area of 3,479.1<br />

km2 which is 42.60% of the total Garo Hills area is not<br />

under <strong>for</strong>est. Out of the total non-<strong>for</strong>est areas, 208 km2 (2.55%) is under current shifting cultivation. The<br />

remaining non-<strong>for</strong>est areas include ab<strong>and</strong>oned<br />

shifting cultivation grassl<strong>and</strong>s, degraded l<strong>and</strong>s,


settlement, permanent agricultural l<strong>and</strong>s, roads,<br />

mines, water bodies, rivers <strong>and</strong> s<strong>and</strong> bars (Fig.1).<br />

The present study covered all the three Garo Hills<br />

districts of the state. The East Garo Hills district<br />

occupies an area of 2,603 km2 out of which 1,464.44<br />

km2 areas are under <strong>for</strong>est. The percentage of <strong>for</strong>est<br />

cover is 56.26%. Dense <strong>for</strong>est covers an area of 130.67<br />

km2 (5.02%) while 1,304.94 km2 (50.13%) area is<br />

covered by open <strong>for</strong>ests. The plantation area of the<br />

district is 16.86 km2 . The areas under non-<strong>for</strong>est are<br />

1,062.09 km2 (40.84%) <strong>and</strong> shifting cultivation area is<br />

76.46 km2 (2.94%) (Fig.2) (Table 1).<br />

An area of 2,156.19 km2 is under <strong>for</strong>est cover in the<br />

West Garo Hills district which is 58.64% of the total<br />

geographical area of the district. Dense <strong>for</strong>est covers<br />

108.84 km2 (2.96%) area while open <strong>for</strong>est occupies<br />

1995.50 km2 (54.27%). The area under plantation is<br />

12.15 km2 which represents 2.14 % of the total<br />

geographical of the district. The remaining 1,520.81<br />

km2 area is under non-<strong>for</strong>est which is 41.36% of the<br />

total area of the district. Shifting cultivation occupies<br />

78.71 km2 (2.14%) (Fig.3) (Table 2)<br />

The total area of South Garo Hills district is 1,887<br />

km 2 of which 1,075.03 km 2 (56.97%) area is under <strong>for</strong>est<br />

cover. Dense <strong>for</strong>est occupies 100.20 km 2 (5.31%) <strong>and</strong><br />

Table 1 Different l<strong>and</strong> uses in East Garo Hills district of Meghalaya<br />

Table. 2 Different l<strong>and</strong> uses in West Garo Hills district of Meghalaya<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

open <strong>for</strong>est covers 966.48 km 2 (51.22%) of the total area<br />

of the district. The plantation area is 7.97 km 2 which is<br />

0.42% of the total geographical area of the district. The<br />

area under non-<strong>for</strong>est is 759.14 km 2 which is 40.23% of<br />

the total area. The area under shifting cultivation area<br />

is 7.97 km 2 (0.42%) (Fig. 4) (Table 3).<br />

Forest Type <strong>and</strong> Different L<strong>and</strong> Uses<br />

under Government <strong>and</strong> the control of<br />

District Council in Garo Hills<br />

In Garo Hills district only 6.8% of the total<br />

geographical area is under the control of <strong>for</strong>est<br />

department. The areas under government control are<br />

in the <strong>for</strong>m of reserve <strong>for</strong>est or national park. The total<br />

area under reserve <strong>for</strong>ests is 288.13 km 2 while national<br />

parks consist of 267.48 km 2 . There are 16 reserve<br />

<strong>for</strong>ests in the district viz., Chimabangshi, Dhima,<br />

Dilma, Rajasimla, Iidek, Darengiri, Rongrengiri,<br />

Dambu, Songsak, Dribru Hills, Tura Peak, Baghmara,<br />

Angratoli, Rewak, Emanggiri <strong>and</strong> Siju Reserve<br />

Forests. The two national parks are Nokrek National<br />

Park <strong>and</strong> Balpakhram National Park. The rest of the<br />

areas are controlled either directly or indirectly by the<br />

District Council (Fig. 5).<br />

The reserve <strong>for</strong>ests have 54.6% areas under <strong>for</strong>est<br />

cover. Bamboo brakes cover an area of 0.25%, dense<br />

53


Fig.1 L<strong>and</strong>use map of Garo Hils districts<br />

Fig. 2 L<strong>and</strong> use map of East Garo Hill district<br />

54 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Fig.3 L<strong>and</strong> use map of West Garo Hill district<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

55


Fig. 4 L<strong>and</strong> use map of South Garo Hill district<br />

Table 3 Different l<strong>and</strong> uses in South Garo Hills district of Meghalaya<br />

<strong>for</strong>ests 5.07% <strong>and</strong> open <strong>for</strong>ests 49.28%. The percentage<br />

of national park areas covered by <strong>for</strong>est is 85.18.<br />

Bamboo brakes have an area of 0.07%, dense <strong>for</strong>ests<br />

28.51% <strong>and</strong> open <strong>for</strong>ests 56.60%. The percentage of<br />

non <strong>for</strong>est areas in reserve <strong>for</strong>ests <strong>and</strong> national parks<br />

are 45.4 <strong>and</strong> 14.82 %, respectively (Fig. 5) (Table 4 <strong>and</strong><br />

Table 5).<br />

Community structure of major<br />

<strong>for</strong>est types of Garo Hills<br />

district<br />

Tropical <strong>and</strong> subtropical <strong>for</strong>ests have attracted the<br />

attention of large number of workers all over the world,<br />

who have carried out comprehensive studies on their<br />

community organization <strong>and</strong> dynamics, <strong>and</strong> have<br />

estimated species richness, biomass, productivity <strong>and</strong><br />

56 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Fig. 5 Map showing the reserve <strong>for</strong>ests <strong>and</strong> national parks of Garo Hills districts of Meghalaya<br />

Table 4 Different l<strong>and</strong> uses in Reserve Forests of Garo Hills district of Meghalaya<br />

Table 5 Different l<strong>and</strong> uses in National Parks of Garo Hills district of Meghalaya<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

57


Fig 6 Map showing areas under different <strong>for</strong>est types <strong>and</strong> l<strong>and</strong> covers within the reserve <strong>for</strong>ests <strong>and</strong> national parks<br />

of Garo Hills districts of Meghalaya<br />

their role as a major carbon sink in the global carbon<br />

cycle. In Asia, such <strong>for</strong>ests occupy much <strong>for</strong>ested area of<br />

India <strong>and</strong> dry areas of Southeast Asia, which have<br />

pronounced periodicity of temperature <strong>and</strong> dry <strong>and</strong><br />

wet seasons. These <strong>for</strong>ests are best developed in parts of<br />

India, Myamnar, Thail<strong>and</strong> <strong>and</strong> Malaya that experiences<br />

monsoonal climate.. The subtropical <strong>for</strong>ests found in<br />

India have been termed as montane subtropical <strong>for</strong>ests<br />

by Champion <strong>and</strong> Seth (1968). Undisturbed <strong>for</strong>est<br />

patches are mainly confined to inaccessible hill slopes<br />

<strong>and</strong> valleys along the banks of rivers <strong>and</strong> streams or in<br />

the <strong>for</strong>m of protected <strong>for</strong>est. Underst<strong>and</strong>ing the<br />

consequences of human disturbances on <strong>for</strong>est<br />

dynamics is fundamental <strong>for</strong> the proper management of<br />

<strong>for</strong>est ecosystems.<br />

The primary reason of <strong>for</strong>est destruction is<br />

habitat destruction, their overexploitation <strong>for</strong><br />

medicinal <strong>and</strong> ornamental purposes <strong>and</strong><br />

encroachment in <strong>for</strong>ested area <strong>for</strong> cultivation <strong>and</strong><br />

mining. There<strong>for</strong>e, underst<strong>and</strong>ing the regeneration<br />

status of some of the important trees is a prerequisite<br />

<strong>for</strong> their conservation.<br />

Methodology<br />

Various representative <strong>for</strong>est patches of tropical<br />

dense <strong>and</strong> open <strong>for</strong>ests, plantations <strong>and</strong> bamboo<br />

patches were selected in all the three Garo Hills<br />

district of the state of Meghalaya to characterize its<br />

structure <strong>and</strong> floristic composition. Ten quadrats of<br />

10 m x 10 m size were placed r<strong>and</strong>omly in each of<br />

the tropical dense <strong>and</strong> open <strong>for</strong>ests. All woody<br />

individuals were recorded <strong>and</strong> identified following<br />

regional floras (Balakrishnan 1981-1983, Haridasan<br />

<strong>and</strong> Rao 1985-1987). Frequency, density, basal cover<br />

<strong>and</strong> importance value index was calculated<br />

according to Misra (1968) <strong>and</strong> Mueller-Dombois <strong>and</strong><br />

Ellengberg (1974). Density-diameter distribution<br />

pattern was also studied to underst<strong>and</strong> the<br />

population structure of the <strong>for</strong>ests.<br />

58 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Sub-tropical broad-leaved <strong>for</strong>est<br />

Subtropical <strong>for</strong>ests occur above 1000 m msl where<br />

average annual rainfall ranges between 300-500 cm<br />

<strong>and</strong> temperatures show noticeable differences<br />

between summer <strong>and</strong> winter season. Forest patches<br />

of varying sizes are located in the upper ridges of<br />

Tura <strong>and</strong> Siju reserve <strong>for</strong>ests, Damalgiri <strong>and</strong> southern<br />

parts of Garo Hills districts. Forests are found mainly<br />

on inaccessible hill slopes <strong>and</strong> valleys along the banks<br />

of the rivers <strong>and</strong> streams. The subtropical <strong>for</strong>est is<br />

more rich in species than the tropical moist deciduous<br />

<strong>for</strong>est in the Garo Hills.<br />

Tree diversity<br />

A total of 35 <strong>and</strong> 81 woody species representing 38<br />

<strong>and</strong> 63 genera <strong>and</strong> 26 <strong>and</strong> 36 families were recorded<br />

from the sampled area of open <strong>and</strong> dense <strong>for</strong>est<br />

st<strong>and</strong>s, respectively (Table 6). There were tropical,<br />

temperate, <strong>and</strong> Sino-Himalayan, Burma-Malaysian<br />

<strong>and</strong> Malayan elements in the <strong>for</strong>est. Besides that taxa<br />

belonging to primitive families like Annonaceae,<br />

Ranunculaceae, Piperaceae, Menispermaceae,<br />

Lauraceae <strong>and</strong> Myricaceae <strong>and</strong> primitive genera like<br />

Myrica were also present in the dense <strong>for</strong>est.<br />

The trees of the dense <strong>for</strong>est were distributed in<br />

three distinct strata viz., canopy (>20 m height), subcanopy<br />

(10-20 m) <strong>and</strong> tree-let (2-10m) layer.<br />

Elaeocarpus rugosus, Dysoxylum gobara <strong>and</strong> Engelhardtia<br />

spicata in the dense <strong>for</strong>est were among the dominant<br />

canopy tree species of the region. Lauraceae (11<br />

species) <strong>and</strong> Euphorbiaceae (6 species) were the<br />

dominant family in the dense <strong>and</strong> open <strong>for</strong>est st<strong>and</strong>s,<br />

respectively. A large number of families were<br />

monospecific in these <strong>for</strong>est st<strong>and</strong>s.<br />

In terms of importance value index, Vitex vestita,<br />

Callicarpa arborea, Citrus hystrix <strong>and</strong> Macaranga indica<br />

in dense <strong>for</strong>est <strong>and</strong> Castanopsis indica, Artimisia<br />

nilagirica, Dysoxylum gobara, Kydia calycina, <strong>and</strong> Maesa<br />

indica in the open <strong>for</strong>est areas were among the<br />

dominant tree species (Table 6). Dominancedistribution<br />

pattern among the tree species showed<br />

log normal distribution pattern (Fig. 8), signifying<br />

high equitability <strong>and</strong> low dominance in the<br />

community in the dense <strong>for</strong>est. However, it resembled<br />

the broken-stick model in the open <strong>for</strong>est which could<br />

be attributed to lesser number of species occurring in<br />

this <strong>for</strong>est <strong>and</strong> also due to stressed environment at<br />

which they are exposed. Majority (57-79%) of trees<br />

were contagiously distributed <strong>and</strong> only a few species<br />

showed regular distribution.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

St<strong>and</strong> density <strong>and</strong> diversity indices<br />

The density of woody species was comparatively<br />

more in the dense <strong>for</strong>est than the open <strong>for</strong>est. In terms<br />

of density, Callicarpa vestita, Citrus hyxtrix <strong>and</strong><br />

Castanopsis indica in dense <strong>for</strong>est, <strong>and</strong> Castanopsis<br />

indica, Kydia calycina <strong>and</strong> Maesa indica in the open<br />

<strong>for</strong>est were among the most dominant of woody<br />

species. They together constituted 15% <strong>and</strong> 28% of the<br />

total st<strong>and</strong> density.<br />

The st<strong>and</strong> density was comparatively high in the<br />

open <strong>for</strong>est than the dense <strong>for</strong>est st<strong>and</strong> which could be<br />

due to existence of trees of middle age. Distribution of<br />

st<strong>and</strong> density in different girth classes revealed that<br />

trees of young individuals accounted <strong>for</strong> 67% <strong>and</strong> 35%<br />

of the total st<strong>and</strong> density in dense <strong>and</strong> open <strong>for</strong>est<br />

areas, respectively. Trees beyond >95 cm girth class<br />

accounted <strong>for</strong> only 3% <strong>and</strong> 9% of the total st<strong>and</strong><br />

density of the above st<strong>and</strong>s.<br />

Fig. 7 Girth-class distribution of woody species in the<br />

open <strong>and</strong> dense st<strong>and</strong>s of subtropical <strong>for</strong>est of Garo<br />

Hills districts of Meghalaya<br />

There were differences in the floristic composition<br />

<strong>and</strong> community characteristics observed in open <strong>and</strong><br />

dense <strong>for</strong>est st<strong>and</strong>s <strong>and</strong> these could be attributed<br />

mainly due to disturbances. Majority of species in<br />

both the <strong>for</strong>est st<strong>and</strong>s had low frequency <strong>and</strong> showed<br />

contagious/clumped distribution there<strong>for</strong>e, making<br />

the community highly heterogeneous <strong>and</strong> patchy. The<br />

lognormal dominance-distribution curves, as found in<br />

three st<strong>and</strong>s of present study, signify equitability <strong>and</strong><br />

59


Table 6 List of woody species <strong>and</strong> its importance value in open <strong>and</strong> dense <strong>for</strong>est st<strong>and</strong>s of subtropical<br />

<strong>for</strong>est of Garo hills districts of Meghalaya<br />

60 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

61


Fig 8 Dominance-distribution curves of the woody<br />

species in the open <strong>and</strong> dense st<strong>and</strong>s of subtropical<br />

<strong>for</strong>est of Garo Hills districts of Meghalaya<br />

stability of the community (Magurran, 1988). It also<br />

indicates the maturity <strong>and</strong> complexity of the natural<br />

community.<br />

The results presented in the <strong>for</strong>egoing pages<br />

clearly indicate that these <strong>for</strong>ests represent<br />

subtropical broad-leaved <strong>for</strong>est <strong>and</strong> are similar to<br />

other species rich tropical rain <strong>for</strong>ests. The open<br />

<strong>for</strong>est is subjected to de<strong>for</strong>estation <strong>and</strong> <strong>for</strong>est<br />

fragmentation due to large scale <strong>for</strong>est l<strong>and</strong> clearing<br />

by slash <strong>and</strong> burn agriculture, mining, extraction of<br />

<strong>for</strong>est resources such as timber, fuel-wood <strong>and</strong><br />

collection of medicinal plants. These human activities<br />

resulted in shrinkage in the <strong>for</strong>est cover of the region<br />

<strong>and</strong> has also altered the micro-environmental<br />

condition <strong>and</strong> structure of the <strong>for</strong>est ecosystem which<br />

has ultimately resulted in change in species<br />

composition. There<strong>for</strong>e, plant diversity status <strong>and</strong><br />

community structure of these <strong>for</strong>ests is needed <strong>for</strong><br />

conservation management.<br />

Tropical moist deciduous <strong>for</strong>est<br />

Tropical <strong>for</strong>est occurring below 1000 m may be either<br />

evergreen or semi-evergreen depending upon the<br />

dominance of evergreen <strong>and</strong> deciduous trees in the<br />

canopy. This <strong>for</strong>est type is represented by sal bearing<br />

<strong>for</strong>ests at low elevation in Rongregiri, Songsak,<br />

Darenggiri <strong>and</strong> Baghmara areas of Garo Hills where<br />

annual rainfall is less than 150 cm. Along with Shorea<br />

robusta, other tree species like Tectona gr<strong>and</strong>is,<br />

Terminalia myriocarpa, Sterculia villosa, Picrasma<br />

javanica <strong>and</strong> Mallotus phillipensis are also present.<br />

These <strong>for</strong>ests are best developed in monsoon areas of<br />

India, Myanmar, Thail<strong>and</strong> <strong>and</strong> Malaysia (Puri 1960).<br />

The undisturbed <strong>for</strong>est patches are mainly confined to<br />

inaccessible hill slopes <strong>and</strong> valleys along the banks of<br />

rivers <strong>and</strong> streams or in the <strong>for</strong>m of protected <strong>for</strong>est.<br />

The primary reason of <strong>for</strong>est destruction is habitat<br />

destruction, overexploitation <strong>for</strong> medicinal <strong>and</strong><br />

ornamental purposes <strong>and</strong> encroachment in <strong>for</strong>ested<br />

area <strong>for</strong> cultivation <strong>and</strong> mining. There<strong>for</strong>e,<br />

underst<strong>and</strong>ing the regeneration status of some of the<br />

important trees is a pre-requisite <strong>for</strong> their<br />

conservation.<br />

Fig. 9 A view of tropical open <strong>for</strong>est<br />

Fig. 10 A view of tropical dense <strong>for</strong>est<br />

62 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Tree diversity<br />

A total of 23 <strong>and</strong> 52 woody species were recorded<br />

from the sampled area of open <strong>and</strong> dense <strong>for</strong>est<br />

st<strong>and</strong>s, respectively (Table 7, 8). The trees of the dense<br />

<strong>for</strong>est were distributed into distinct strata viz.,canopy<br />

(>20 m height) <strong>and</strong> sub-canopy (2-20 m) layer.<br />

Terminalia myriocarpa, Schima wallichii <strong>and</strong> Toona ciliata<br />

in the dense <strong>for</strong>est were among the dominant canopy<br />

tree species. In terms of importance value index,<br />

Terminalia myriocarpa, Schima wallichii <strong>and</strong> Toona<br />

ciliata in dense <strong>for</strong>est <strong>and</strong> Albizia lebbeck, A. procera,<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Callicarpa arborea, Schima wallichii Shorea robusta, Eurya<br />

auminata, Mangifera sylvestris <strong>and</strong> Phoebe goalparensis in<br />

the open <strong>for</strong>est areas were among the dominant tree<br />

species (Table 7). Dominance-distribution pattern<br />

among the tree species was log-normal distribution<br />

pattern in the dense <strong>for</strong>est <strong>and</strong> it was towards brokenstick<br />

model in the open <strong>for</strong>est (Fig. 8), signifying high<br />

equitability <strong>and</strong> low dominance in the community of<br />

the dense <strong>for</strong>est. However, this could be attributed to<br />

the lesser number of species occurring in this <strong>for</strong>est<br />

<strong>and</strong> also due to stressed environment at which these<br />

species are exposed.<br />

Table 7 Community characteristics of woody species of the subtropical <strong>for</strong>est<br />

Table 8 List of woody species <strong>and</strong> its importance value in open <strong>and</strong> dense <strong>for</strong>est st<strong>and</strong>s of<br />

tropical <strong>for</strong>est of Garo hills districts of Meghalaya<br />

63


64 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Fig. 11 Dominance-distribution curves of the woody<br />

species in the open <strong>and</strong> dense st<strong>and</strong>s of tropical moist<br />

deciduous <strong>for</strong>est of Garo Hills district of Meghalaya<br />

St<strong>and</strong> density <strong>and</strong> diversity indices<br />

The st<strong>and</strong> density of woody species followed a<br />

similar trend to that of the subtropical <strong>for</strong>est<br />

where density was comparatively more in the<br />

dense <strong>for</strong>est than the open <strong>for</strong>est. In terms of<br />

density, Schima wallichii, Barsubreadth, Terminallia<br />

myriocarpa, Syzygium species <strong>and</strong> Eurya acuminata<br />

in dense <strong>for</strong>est, <strong>and</strong> Callicarpa arborea, Albizia<br />

species, Shorea assamica <strong>and</strong> Emblica officinalis in<br />

the open <strong>for</strong>est were among the most dominant<br />

woody species. A large number of individuals<br />

were represented by low densities in both the<br />

st<strong>and</strong>s <strong>and</strong> have a low basal cover contribution<br />

due to their age structure.<br />

The st<strong>and</strong> density was comparatively high in the<br />

dense <strong>for</strong>est than in the open <strong>for</strong>est st<strong>and</strong> which<br />

could be due to existence of young <strong>and</strong> middle aged<br />

trees in the <strong>for</strong>mer st<strong>and</strong> <strong>and</strong> also due to its<br />

accessibility <strong>and</strong> low level of disturbance.<br />

Distribution of st<strong>and</strong> density in different girth<br />

classes revealed that young trees accounted <strong>for</strong> 64%<br />

<strong>and</strong> 70% of the total st<strong>and</strong> density in dense <strong>and</strong> open<br />

<strong>for</strong>est areas, respectively. Trees beyond >115 cm<br />

girth class contributed only 10% <strong>and</strong> 5% of the total<br />

st<strong>and</strong> density of the above st<strong>and</strong>s. Shannon<br />

diversity index were comparatively high in the<br />

dense <strong>for</strong>est, while Simpson dominance index<br />

showed a reverse trend.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Fig 12: Girth-class distribution of woody species in<br />

the open <strong>and</strong> dense st<strong>and</strong>s of tropical moist<br />

deciduous <strong>for</strong>est of Garo Hills districts of Meghalaya<br />

Increased biotic pressure has resulted in opening<br />

<strong>and</strong> shrinkage of <strong>for</strong>est cover due to selective feeling<br />

of trees. Subsequent secondary regeneration has<br />

revived the <strong>for</strong>est but has altered the <strong>for</strong>est structure<br />

in favour of fast growing species as indicated by<br />

dominance of young girth class of selected species,<br />

thereby altering the micro habitat.<br />

Shifting cultivation<br />

About 85% of the population of the state is rural <strong>and</strong><br />

they depend on agriculture <strong>for</strong> their livelihood. Of the<br />

total geographical area, about 13% is under shifting<br />

cultivation. This practice is locally known as ‘Jhuming’<br />

<strong>and</strong> is practiced extensively on the hill slopes in all<br />

parts of the Garo Hills except at low elevation. Here<br />

they have some permanent agricultural l<strong>and</strong> (villages<br />

like Garob<strong>and</strong>ha, Jalgaon etc.,) especially in the<br />

western, southern <strong>and</strong> eastern parts bordering<br />

Bangladesh <strong>and</strong> Assam. Because of the hilly terrain,<br />

settled cultivation is practiced only in a small portion<br />

of the total cultivated l<strong>and</strong>, mostly confined to the<br />

valleys. Because of the high labour cost <strong>and</strong> energy<br />

input involved in terrace cultivation, <strong>and</strong> in the<br />

absence of other viable alternatives, the majority of<br />

the population continues to depend on shifting<br />

cultivation <strong>for</strong> their subsistence needs. The Jhuming<br />

cycle was about 20 years but has now reduced to 3-5<br />

years in the western part <strong>and</strong> 1-3 years in the central<br />

<strong>and</strong> eastern parts of the state. Jhuming has resulted in<br />

large-scale de<strong>for</strong>estation, soil erosion, nutrient loss<br />

65


<strong>and</strong> invasion of weedy <strong>and</strong> other species. These<br />

activities have ultimately affected biodiversity to a<br />

large extent.<br />

Fig 10 A view of Jhuming in Garo Hills<br />

The general process involved in Jhuming<br />

includes slashing of vegetation during November-<br />

December, burning in February-March <strong>and</strong> then<br />

sowing of seeds by dibbling method. Major crops<br />

are cereals, vegetables <strong>and</strong> oil seeds. The practice is<br />

to continue cultivation <strong>for</strong> a few years <strong>and</strong> then<br />

ab<strong>and</strong>on the l<strong>and</strong> <strong>and</strong> shift to a new site; later<br />

returning to the same site <strong>for</strong> shifting cultivation.<br />

Frequent shifting from one l<strong>and</strong> to other has<br />

affected the natural <strong>for</strong>est caused <strong>for</strong>est<br />

fragmentation <strong>and</strong> disappearance of local species<br />

<strong>and</strong> invasion of weedy species. Shifting cultivation<br />

is largely practiced on l<strong>and</strong>s owned by<br />

communities, clans <strong>and</strong> also on l<strong>and</strong>s under the<br />

administrative control of the Autonomous District<br />

Councils. A small area in some reserve <strong>for</strong>ests <strong>and</strong><br />

protected <strong>for</strong>ests are also affected by this practice.<br />

Fig 11 A view of early ab<strong>and</strong>oned Jhum<br />

About 208 km 2 area is under shifting cultivation in<br />

all the three districts of the Garo Hills. The age of the<br />

ab<strong>and</strong>oned field ranges from 2-15 years. These<br />

ab<strong>and</strong>oned fields are covered by fast colonizing<br />

species like Acaranga denticulate, Callicarpa arborea,<br />

Schima wallichii, Bauhinia varigata, Albizia procera, A.<br />

lebbeck, Mikania micrantha, Eupatorium odoratum,<br />

Thysolaena sp., <strong>and</strong> bamboo species.<br />

Fig. 12 A view of late ab<strong>and</strong>oned Jhum<br />

Plantation<br />

The major plantation in the Garo Hills districts<br />

includes Shorea robusta, Tectona gr<strong>and</strong>is, Areca nut<br />

(Areca catechu}, Anacardium occidentale, Coffee (Coffea<br />

arabica) <strong>and</strong> Haevea brasilensis. They are located<br />

especially in the western parts of West Garo hills,<br />

central parts of East Garo Hills <strong>and</strong> southern parts of<br />

the South Garo Hills district. Sal <strong>and</strong> Teak <strong>for</strong>ests are<br />

protected by the <strong>for</strong>est department of the state,<br />

however, Cashewnut <strong>and</strong> Areca nut are under the<br />

control of local people (l<strong>and</strong> owners). It was,<br />

there<strong>for</strong>e, very difficult to classify <strong>and</strong> calculate the<br />

areas under each kind of plantation. The various types<br />

Fig 13 Shorea robusta(Sal) plantation<br />

66 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Fig 17 A view of Anacardium occidentale plantation<br />

Fig 18 Hevea brasiliensi(Rubber) plant<br />

were thus covered under a general head of plantation<br />

which covers an area of about 37 km 2 .<br />

Sal <strong>and</strong> Teak plantation: These <strong>for</strong>est patches are<br />

seen in the entire Garo hills district especially in areas<br />

like Amongpara, Barengpara, Baghmara reserve<br />

<strong>for</strong>est, Songsak, Dodedare. Sal <strong>and</strong> Teak <strong>for</strong>ests are<br />

mostly dominated by Shorea robusta <strong>and</strong> Tectona<br />

gr<strong>and</strong>is, <strong>and</strong> a few scattered trees like Embelia<br />

officinalis, Terminallia arjuna, Melia azadirichita, Bombax<br />

cieba, Cleirodendron sp., Cassia sp., Quercus sp.,<br />

Artocarpus sp. Mangifera sylvestris, Erythrina stricta<br />

<strong>and</strong> Schima wallichii.<br />

Rubber plantation: Soil Conservation<br />

department of the <strong>for</strong>est department have<br />

introduced rubber <strong>and</strong> coffee plantation in a few<br />

places like Songsak, Baregpara, Gangichetrigre, etc.<br />

of the Garo hills. In these areas, rather than Havea<br />

brasilensi species such as Callophyllum polyanthum,<br />

Mangifera sylvestris, Paedaria foetida were also<br />

recorded.<br />

Cashewnut plantation: Cashew plantations are<br />

present in both wild <strong>and</strong> managed <strong>for</strong>ms <strong>and</strong> it<br />

covers more or less as much area as the sal <strong>and</strong> teak<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

plantations. These patches are best seen in areas like<br />

Gingichekre, Gangichetgire Balamagire, Tikriop,<br />

Baregpara, Baghmara. There were various other<br />

species like Melia azadirichta, Bombax cieba,<br />

Artocarpus sp., Cassia sp., Tectona gr<strong>and</strong>is, Shorea<br />

robusta, Alstronia sp., also recorded from these<br />

plantation.<br />

Bamboo brakes: Pure <strong>and</strong> large continuous<br />

bamboo <strong>for</strong>ests cover an area of about 0.61 km 2 in<br />

the Garo Hills district. There could be more areas<br />

covered by the bamboo <strong>for</strong>ests but were so small<br />

that it was difficult to identify <strong>and</strong> estimate. They<br />

are located in places like Amongpara, Kherapara,<br />

Tikriop, Jakopara, Sankhan <strong>and</strong> Japanapara. There<br />

are many varieties of bamboo species <strong>and</strong> some are<br />

like terai bamboo, Wathri, Wakanta <strong>and</strong> Wagi etc.<br />

Some scattered trees <strong>and</strong> shrub species like Michelia<br />

sp., Melastostema sp., Cleirodendron in<strong>for</strong>tunatum,<br />

Albizia lebbeck, A. procera , <strong>and</strong> Ficus sp. were also<br />

recorded from the field.<br />

Fig 19 A view of the bamboo <strong>for</strong>est<br />

Fig 20 A view of rubber plantation<br />

67


Balakrishnan, N.P. 1981-83. Flora of Jowai <strong>and</strong> Vicinity. II<br />

Vol. Botanical Survey of India, Howrah.<br />

Garg, J. K.; Narayan, A. <strong>and</strong> Basu, A. 1988. Monitoring<br />

environmental changes over Kudremukh iron ore<br />

mining areea, India using remote sensing<br />

technique. Proceedings of the Indo-British<br />

workshop on remote Sensing of Environment in<br />

Mining field. ISM. Dhanbad. pp. 41-47.<br />

Haridasan, K. <strong>and</strong> Rao, R.R. 1985. Forest Flora of<br />

Meghalaya (Vol. I), Bishen Singh Mehendra Pal<br />

Singh, Dehradun<br />

References<br />

Misra, R. 1968. Ecology Work Book. Ox<strong>for</strong>d-IBH<br />

Publishing Company, Calcutta.<br />

Mueller-Dombois, D. <strong>and</strong> Ellenberg, H. 1974. Aims <strong>and</strong><br />

Methods of Vegetation Ecology. John Wiley <strong>and</strong><br />

Sons, USA.<br />

SAC (ISRO). 1990. Impact of mining activities <strong>and</strong><br />

superthermal power stations on environment,<br />

Project Report No RSAM/SAC/ENVN/PR/08/90.<br />

Fig 21 Restoration of degraded habitat through natural regenation <strong>and</strong> plantation in Selbalgre<br />

68 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Introduction<br />

Meghalaya is predominantly an agrarian<br />

economy with agriculture <strong>and</strong> allied<br />

activities engaging nearly two-thirds of the<br />

total work <strong>for</strong>ce. The state also has a rich base of<br />

natural resources that includes minerals such as coals,<br />

limestone, silimanite, kaolin, granite, etc <strong>and</strong> a wide<br />

cover of <strong>for</strong>est that occupies over 42.4% of the<br />

geographical area of the state (FSI, 2001) supporting a<br />

rich diversity of flora <strong>and</strong> fauna.<br />

The availability of natural resources <strong>and</strong> a<br />

sustainable pattern of their utilization are critical to<br />

the development. However, over-exploitation of the<br />

<strong>for</strong>est resources creates an imbalance between<br />

productivity <strong>and</strong> use leading to degradation <strong>and</strong><br />

shrinkage of habitat (Lanly, 1983; Kerr <strong>and</strong> Currie,<br />

1995; Barthakur, 1998; Mckinney, 2000; Wakermagel et<br />

al, 2003 <strong>and</strong> Kumar et al, 2006 ).<br />

Benefits accruing to people from <strong>for</strong>ests have been<br />

seldom estimated, <strong>and</strong> in most cases only partially<br />

done. There<strong>for</strong>e, there is an urgent need to assess<br />

tangible <strong>and</strong> non-tangible benefits a society derives<br />

from the <strong>for</strong>ests. This is essential <strong>for</strong> demonstrating<br />

the actual contribution of <strong>for</strong>ests to society <strong>and</strong> also to<br />

plan <strong>for</strong> sustainability of such extractions.<br />

Conservation of the depleting natural resources<br />

has been a challenging task <strong>for</strong> the l<strong>and</strong> planners,<br />

policy makers <strong>and</strong> <strong>for</strong>esters, especially in the existing<br />

socio-political milieu. Solutions addressing the issue<br />

can only be devised provided sufficient in<strong>for</strong>mation is<br />

available on the extent of resource exploitation <strong>and</strong><br />

sustainability of such extractions which un<strong>for</strong>tunately<br />

CHAPTER VI<br />

Natural resource extraction <strong>and</strong> utilization by the<br />

people of Garo hills, Meghalaya<br />

S<strong>and</strong>eep Kumar Tiwari, Rahul Kaul, Susenjit Nath Choudhury, Siddhartha Bhattacharjee, Satadal Acherji <strong>and</strong> Prabal Sarkar<br />

is lacking. Quantitative data on <strong>for</strong>est biomass<br />

removals by local communities has remained<br />

fragmentary (Appasamy, 1993; Goday et al., 1995;<br />

Hedge et al., 1996 <strong>and</strong> Amacher et al., 1996) in spite of<br />

the fact that millions of people extract <strong>for</strong>est products<br />

throughout tropics (Malhotra et al.,1991). Further, the<br />

sustainability of these removals has hardly been<br />

attempted. Such in<strong>for</strong>mation <strong>for</strong>m northeast India in<br />

particular are lacking except few studies of Barthakur,<br />

1998; Kumar et al.,2002; Marcot et al 2002; Kumar et al.,<br />

2006 <strong>and</strong> Bera et al., 2006. A study was there<strong>for</strong>e<br />

initiated to find out the how local communities are<br />

dependent on the <strong>for</strong>est resources around their<br />

settlements, what is the contribution of each resource<br />

to the society <strong>and</strong> the threats on these resources.<br />

This study aimed at assessing:<br />

1. the sources of energy <strong>for</strong> heating <strong>and</strong> lighting.<br />

2. cause of <strong>for</strong>est degradation.<br />

3. causes of man – animal conflict.<br />

4. level of extraction <strong>and</strong> utilization of bio– mass <strong>and</strong><br />

fauna.<br />

5. l<strong>and</strong> use pattern <strong>and</strong> extent of l<strong>and</strong> being<br />

possessed <strong>and</strong> owned.<br />

6. livestock owned & feeding method to assess<br />

impact on <strong>for</strong>est.<br />

7. level of people’s participation in <strong>for</strong>est<br />

management.<br />

Methodology<br />

Survey Design<br />

A stratified two-stage design has been followed <strong>for</strong><br />

the survey. Villages listed in the Census (2001) were


the first stage sampling units <strong>and</strong> households were<br />

the second unit that was surveyed.<br />

Of the three administrative districts a total of 58<br />

villages were selected at r<strong>and</strong>om, assigning<br />

Table 1 List of villages surveyed<br />

probability proportional to the village size of the each<br />

stratum (district). Out of these 58 villages, 464<br />

households were selected at r<strong>and</strong>om <strong>for</strong> detailed<br />

enquiry. Tippet’s r<strong>and</strong>om number series were<br />

consulted <strong>for</strong> r<strong>and</strong>om selection.<br />

70 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

71


Survey<br />

Survey was conducted on the basis of a pre-<strong>for</strong>matted<br />

data sheet <strong>and</strong> answers to questions pertaining to the<br />

following were sought:<br />

a) Socio-economic status<br />

b) Forest resource <strong>and</strong> its utilization<br />

c) L<strong>and</strong> holding <strong>and</strong> resource availability<br />

d) <strong>Animal</strong> wastes <strong>and</strong> resource utilization<br />

Community composition of people<br />

interviewed<br />

A total of 464 families were interviewed during this<br />

study comprising of approximately 96.5% Schedule<br />

tribe (ST), 0.4% Schedule caste (SC) <strong>and</strong> 3.02% other<br />

communities (mainly Bengalis <strong>and</strong> Assamese) (Fig. 1)<br />

Fig. 1 Social structure of the people surveyed<br />

Number of people interviewed in different districts<br />

varied, depending upon the population size of district<br />

<strong>and</strong> location from <strong>for</strong>est. R<strong>and</strong>om number series was<br />

used to select the villages <strong>for</strong> the survey. In West Garo<br />

hills, 216 families from 29 villagers under seven blocks<br />

were surveyed. In East Garo hills, the people surveyed<br />

were 144 families from 18 villages under four Blocks<br />

<strong>and</strong> in South Garo hills 104 families from 11 villages<br />

under three Blocks (Fig. 2). The sex ratio of people<br />

interviewed in different districts are shown in Fig. 3.<br />

The survey was conducted between June – August 2006.<br />

Fig. 2 Blocks, villages <strong>and</strong> families surveyed in the<br />

three districts<br />

Fig 3 Sex composition of the people survey<br />

Results<br />

Age- sex class of the population<br />

Survey of the Garo hills indicated no clear bias in<br />

favour of either gender <strong>and</strong> the overall sex ratio of<br />

Garo hills was found to be 1.06:1 (M:F) which is<br />

completely in line with the male <strong>and</strong> female ratio<br />

reported during the state census of 2001. Around<br />

46.5% of the population was of 18 yrs <strong>and</strong> below.<br />

Almost a similar percentage (45.8%) was found to be<br />

in the age group of 18-50 yrs. This indicates that a<br />

major part of the population is young <strong>and</strong> in a<br />

growing phase <strong>and</strong> only 7.74% of the population was<br />

found to be old (Fig. 4).<br />

Education status of the people<br />

William Nagar<br />

Fig. 4 Sex ratio of people interviewed in different districts<br />

of Garo Hills<br />

The survey also assessed the education level of<br />

populace. As can be seen in the Fig. 5 about 30.8% of<br />

the population was illiterate <strong>and</strong> another 30.5% of the<br />

population had only in<strong>for</strong>mal education. Only 25.5 %<br />

72 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Fig 5 Age-sex class of the people surveyed in all the<br />

districts of Garo Hills<br />

of the population had primary education <strong>and</strong> less<br />

than 10% had secondary level of education. This is a<br />

major concern as less than 15% of the population were<br />

found to have secondary or higher level of education<br />

which determines job opportunities (Fig. 6). Decrease<br />

of job opportunities could lead to increased<br />

dependence on natural resources <strong>for</strong> sustenance.<br />

Fig. 6 Education status of the people surveyed in<br />

Garo Hills<br />

Occupation of the people<br />

The survey also looked at the primary <strong>and</strong> subsidiary<br />

occupation of people in the Garo Hills to underst<strong>and</strong><br />

the livelihood of the people <strong>and</strong> level of dependency<br />

on <strong>for</strong>est <strong>for</strong> livelihoods <strong>and</strong> sustenance. Almost 52%<br />

of the people surveyed were principally self<br />

employed in agricultural <strong>and</strong> plantation (cashew,<br />

oranges, arecanut <strong>and</strong> rubber) activities. About 21.3%<br />

people were wage <strong>and</strong> salaried employed. About<br />

12.3% of the people were self employed in nonagricultural<br />

activities. Only 2.37% of the people were<br />

principally engaged in collecting <strong>for</strong>est resources .<br />

About 69.7% of the people apart from their<br />

principal occupation also had subsidiary occupations.<br />

Of these 12.93% were engaged in collecting <strong>for</strong>est<br />

resources, 6.25% were self employed in agriculture<br />

<strong>and</strong> 8.8% self employed in non-agricultural activities.<br />

About 16.81% were engaged in domestic activities.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Districtwise variation in occupation was also<br />

analyzed <strong>for</strong> both principal <strong>and</strong> subsidiary<br />

occupations among the peopled interviewed. In the<br />

East Garo hills, almost 93.1% of the people with<br />

principal occupation also had some subsidiary<br />

occupation as seen in Fig.7 Of this, the majority<br />

(30.5%) were engaged in collecting <strong>for</strong>est resources<br />

<strong>and</strong> 19.5% in non-agriculture based activities <strong>and</strong> 16%<br />

in agricultural activities.<br />

Fig. 7 Principle <strong>and</strong> subsidiary occupation of the<br />

people survey in east Garo Hills<br />

Legends<br />

1 = engaged in <strong>for</strong>est resource<br />

collection<br />

2 = Self employed in agriculture<br />

3 = Self employed in non-agriculture<br />

4 = Wages & salaried employment<br />

5 = engaged in domestic duty<br />

6 = engage in domestic & other duties<br />

7 = student<br />

8 = other economic activities<br />

9 = other non-economic activities<br />

10 = others<br />

Suprisingly, in the West Garo hills, only 50.6% of<br />

the people were involved in subsidiary occupations.<br />

More than 50% of people with subsidiary occupations<br />

were engaged in domestic duties <strong>and</strong> about 11% in<br />

<strong>for</strong>est resource collection (Fig 8).<br />

In the South Garo hills, about 77% were involved<br />

in subsidiary occupation. Of this, only 3.85% were<br />

Fig. 8 Principle <strong>and</strong> subsidiary occupation of the people<br />

survey in west Garo Hills<br />

73


engaged in <strong>for</strong>est resource collection. Majority of them<br />

(23%) were involved in other economic activities <strong>and</strong><br />

about 32% in domestic <strong>and</strong> other activities (Fig 9).<br />

Fig. 9 Principle <strong>and</strong> subsidiary occupation of the<br />

people survey in south Garo Hills<br />

Forest resources collected by people<br />

About 57.4% of Garo Hills is under <strong>for</strong>est cover. Of<br />

this, less than 7% is under the control of the <strong>for</strong>est<br />

department <strong>and</strong> rest are either privately owned,<br />

community owned or under un-classified <strong>for</strong>est. The<br />

<strong>for</strong>est contributes significantly to the local economy<br />

<strong>and</strong> people are dependent on it <strong>for</strong> fire-wood, timber,<br />

bamboo, grasses, canes, medicinal plants, broom stick,<br />

bay leaves <strong>and</strong> other minor produce. Fire wood was<br />

used by almost all the people surveyed, timber by<br />

74.8% people, bamboo by 86.5% of the people, grass by<br />

27.4% of the people, cane by 6.9% of the people,<br />

medicinal plants by 26.7% of the population <strong>and</strong> other<br />

<strong>for</strong>est resources by about 10.8% by the people (Fig 10).<br />

Apart from plant based resources, various animal<br />

resources are also extracted from the <strong>for</strong>est. This<br />

includes mammals, birds, reptiles, fishes, honey, etc.<br />

Approximately 88.8% of the people surveyed<br />

consumed mammals hunted in the wild, 87.2% birds<br />

<strong>and</strong> 79.5% fishes.<br />

Plant resources<br />

The study indicates that about 74.9% of the sample<br />

collected plant resources freely from the <strong>for</strong>est in the<br />

Garo Hills <strong>for</strong> self use <strong>and</strong> also <strong>for</strong> sale. Only 16.5% of<br />

the people purchased plant resources from the market<br />

(mainly probably extracted from the <strong>for</strong>est) <strong>and</strong> only<br />

3.24% grew it on their l<strong>and</strong>. The rest 6.4% of the<br />

people depended upon a combination of free<br />

harvesting, purchase <strong>and</strong> home grown resources (Fig<br />

11).<br />

Fig. 11 Plant recourses collected from <strong>for</strong>est by the<br />

people surveyed in Garo Hills<br />

i) Fire wood:<br />

Approximately, 2.43 quintals of fuel wood was required<br />

per family per month in the surveyed area. This varied<br />

from 3.17 quintals/family/month in East Garo Hills,<br />

2.72 quintals in South Garo hills <strong>and</strong> 1.8 quintals/<br />

family/month in West Garo Hills (Fig. 11). Most of the<br />

fuel wood (89.2%) was collected by the people freely<br />

Fig. 10 Broom sticks collected from <strong>for</strong>est areas in<br />

South Garo Hills Fig. 11 Fire wood collected from nearby <strong>for</strong>est area<br />

74 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


from the <strong>for</strong>est <strong>and</strong> some people (3.6%) purchased it<br />

from the market. Less than one percent grew it at home.<br />

Some people (1.7%) met their fuel wood requirements<br />

either by freely collecting from <strong>for</strong>est <strong>and</strong> partially<br />

purchasing from market <strong>and</strong> the other 4.5% by partially<br />

collecting from <strong>for</strong>est <strong>and</strong> partially growing at home.<br />

The demographic profile of the families surveyed<br />

indicates that about 5.9 members per family which<br />

when extrapolated <strong>for</strong> the population of Garo Hills<br />

comes to approximately 1,47,450 families. This means<br />

that about 3,58,302 quintals of fire wood is needed <strong>for</strong><br />

Garo Hills per month. This is a substantial<br />

requirement <strong>and</strong> about 90% of it is extracted from the<br />

<strong>for</strong>est, free of cost.<br />

ii) Timber<br />

On an average about 6.13 poles of timber were<br />

extracted per family every month <strong>and</strong> varied from 8.63<br />

poles (less than 30 GBH) per family per month in South<br />

Garo Hills to 5.99 in West Garo Hills <strong>and</strong> 4.53 in East<br />

Garo Hills. Most (55.2%) of the timber is extracted free<br />

of cost by the people from the <strong>for</strong>est <strong>and</strong> only 12.7% of<br />

the sample is purchased from the market. Only 1.7% of<br />

the people met their timber requirement from wood<br />

grown by them. Approximately 4.31% of the people<br />

met their timber requirement by partially collecting<br />

from the <strong>for</strong>est <strong>and</strong> partially purchasing it from the<br />

market.<br />

iii) Bamboo<br />

Bamboo contributes significantly to the local economy of<br />

Fig. 12 Non-timber <strong>for</strong>est product being collected by<br />

the villager<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

the Garo hills <strong>and</strong> is extensively used <strong>for</strong> construction of<br />

houses, paper <strong>and</strong> h<strong>and</strong>icrafts industry. A large part is<br />

also exported to the neighbouring state of Assam. On an<br />

average each family extracts about 130.9 bamboos per<br />

month which varies from 177.9 bamboos per family per<br />

month in West Garo Hills to 92.9 bamboos in East Garo<br />

Hills <strong>and</strong> 85.9 bamboos is South Garo Hills.<br />

Of the 86.42% of the people extracting bamboo,<br />

almost 58.8% collects them free of cost from the <strong>for</strong>est<br />

<strong>and</strong> another 14.4% purchase from the market (Fig. 12).<br />

Almost 7.1% of the requirement is met by bamboo<br />

grown by people. Another 4.74% of the people<br />

partially collect from <strong>for</strong>est <strong>and</strong> partially purchase,<br />

from the market.<br />

Other plant resources are also collected by people<br />

like canes (6.9%), grasses (27.4%), medicinal plants<br />

(26.7%) <strong>and</strong> other minor species (10.78).<br />

Value of the plant resources extracted<br />

People collect <strong>for</strong>est resources <strong>for</strong> self use or <strong>for</strong> sale to<br />

to generate revenue. On an average the value of plant<br />

resources extracted per family every month was Rs<br />

1,656 of which plant resource worth Rs 1485 was <strong>for</strong><br />

consumption at home <strong>and</strong> only a small amount of Rs<br />

171 was earned per month by selling a part of the<br />

resource collected (Fig. 13).<br />

Fig. 13 Value of plant based resources used from <strong>for</strong>est<br />

Of the total resources collected per family per<br />

month, timber contributed to about Rs 582, fire wood<br />

Rs 463, bamboo Rs 311 <strong>and</strong> canes, medicinal plants<br />

<strong>and</strong> grass contributes about Rs 301.<br />

<strong>Animal</strong> resources<br />

<strong>Animal</strong> resources are used in most part of Northeast<br />

India (Hilaluddin et al., 2005) <strong>and</strong> also by the Garo<br />

people to supplement their protein requirements. These<br />

include species, mostly mammals, birds <strong>and</strong> fishes.<br />

Some people also consume reptiles <strong>and</strong> honey. About<br />

88.8% of the people surveyed consumed mammals,<br />

75


87.2% birds <strong>and</strong> 79.5% fishes. Only about 5.17% people<br />

consumed reptiles <strong>and</strong> 9.7% honey (Fig. 14).<br />

Fig. 14 <strong>Animal</strong> resources used by the people in Garo Hills<br />

On an average, animal resources worth Rs 6256<br />

were consumed per family every year. Of this<br />

mammals contributed to Rs 2852.5, birds Rs 1448,<br />

reptiles Rs 115, fishes Rs 1779, honey Rs 54 <strong>and</strong> others,<br />

approximately Rs 8 per annum. Of all the resources<br />

collected from the <strong>for</strong>est, less than 7% were sold in the<br />

market.<br />

Source of energy<br />

At the village level, all the villages reported the use<br />

of wood as source of fuel along with kerosene (89.6%),<br />

electricity (44.8%), LPG (6.9%) <strong>and</strong> bio gas (Fig. 15).<br />

Fig. 15 Source of energy used by the people in Garo<br />

Hills <strong>for</strong> heating <strong>and</strong> lighting<br />

L<strong>and</strong> holding status of the people<br />

On an average, each family possessed about 1.67<br />

hectare of l<strong>and</strong> but owned only about 1.07 hectares of<br />

l<strong>and</strong> probably implying that a part of the l<strong>and</strong> was<br />

encroached (Fig. 16, 17 & 18).<br />

Resource from agriculture residue <strong>and</strong><br />

animal waste<br />

Agriculture residue<br />

Fig. 16 L<strong>and</strong> owned <strong>and</strong> possessed by the people in<br />

Garo Hills<br />

Fig. 17 L<strong>and</strong> owned by the people in Garo Hills<br />

Fig.18 L<strong>and</strong> possessed by the people in Garo Hills<br />

The use of agricultural residues were also assessed to<br />

underst<strong>and</strong> their contribution to the earning of a<br />

family. About 53 % of the people used rice bran <strong>and</strong><br />

only 11% used straw <strong>and</strong> 3.66% oil cakes. Straw was<br />

generally used to either feed the cattle or thatch <strong>for</strong> the<br />

roof of their huts.<br />

<strong>Animal</strong> residue<br />

The only animal residue collected by the people in<br />

Garo Hills was cow dung <strong>and</strong> was used by about<br />

75.6% of the people. Most of it (42.7%) was from<br />

own cattle <strong>and</strong> the remaining 26.7% was collected<br />

freely from other places. The market value of the<br />

dung collection was about Rs 1,165 per annum per<br />

family.<br />

76 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Livestock<br />

It is important to look at the livestock possessed by the<br />

people <strong>and</strong> evaluate their grazing requirements to<br />

underst<strong>and</strong> their possible affect on <strong>for</strong>ests. Cows, goats,<br />

pigs <strong>and</strong> birds were the most important livestock<br />

possessed by the people here. Of these pigs <strong>and</strong> cows<br />

were the most preferred ones. About 55% of the people<br />

possessed one or more livestock. Almost all the<br />

livestock, 98.25% of goats <strong>and</strong> 95.35% of cattle were let<br />

out <strong>for</strong> grazing.<br />

Conclusion<br />

Meghalaya has a rich <strong>for</strong>est cover <strong>and</strong> although<br />

agriculture <strong>for</strong>ms the backbone of its economy, mineral<br />

wealth is a premier revenue earner. More than 55% of the<br />

l<strong>and</strong> cover in Garo hills is under <strong>for</strong>est. Although the<br />

Supreme Court of India’s ban on tree felling in 1996 has<br />

been able to check the rapid decline of <strong>for</strong>est cover, there<br />

has been a gradual decline in the <strong>for</strong>est cover due to<br />

increased jhumming <strong>and</strong> unplanned <strong>and</strong> non-scientific<br />

mining especially <strong>for</strong> coal <strong>and</strong> limestones (Tiwari et al.,<br />

2005). The state earned a total revenue of Rs 3980.32 lakh<br />

from mineral sector during 1997-98<br />

(http://meghalaya.nic.in/ natural-resources/mineral.html). The<br />

rich deposits of minerals in south <strong>and</strong> east Garo hills <strong>and</strong><br />

the absence of a scientifically based l<strong>and</strong>-use <strong>and</strong><br />

Fig. 19 Map showing mineral resource distribution in Meghalaya<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

environmental management plan could lead to a further<br />

deterioration in coming years. With very little area (less<br />

than 7%) under control of state <strong>for</strong>est department, the<br />

management of <strong>for</strong>est has been a daunting task.<br />

Though the majority of people surveyed have<br />

alternative sources of energy (kerosene 89.6%,<br />

electricity 44.8% <strong>and</strong> LPG 6.9%), almost all people<br />

surveyed depend on fire wood. This is because it can be<br />

obtained free of cost from the <strong>for</strong>est or even if it is to be<br />

bought from the market, is cheap to buy. With the<br />

current rate of about 243 kg of fuel wood extracted per<br />

family every month (which when extrapolated <strong>for</strong> the<br />

entire Garo hills is about 3,58,302 quintals per month),<br />

the pressure on <strong>for</strong>est is immense <strong>and</strong> could further<br />

degrade <strong>and</strong> reduce the <strong>for</strong>est cover. Suitable<br />

alternatives need to be provided but as long as wood is<br />

available free of cost, people will consider that as their<br />

prime option.<br />

Besides fire wood, large scale extraction of timber <strong>and</strong><br />

bamboo has also contributed to the degradation <strong>and</strong> loss<br />

of <strong>for</strong>ests. About 75% of the people in Garo hills are<br />

involved in extraction of timber from the <strong>for</strong>est <strong>and</strong> on an<br />

average about 6.13 poles of timber is extracted by each<br />

family per month. Almost 55% of the timber is extracted<br />

directly from the <strong>for</strong>est. Along with timber, bamboo is<br />

another important resource used by the people <strong>for</strong><br />

construction of houses <strong>and</strong> in paper <strong>and</strong> h<strong>and</strong>icraft<br />

77


industry. A large part of bamboo is also exported to<br />

Assam <strong>and</strong> Bangladesh. 86.4% of the population use<br />

bamboo <strong>and</strong> the average extraction per family is about<br />

131 bamboos per month. 58.8% is directly extracted by<br />

the people from the <strong>for</strong>est <strong>and</strong> only 7.1% is grown by the<br />

people. Although a part of the extraction is naturally<br />

regenerated, but at this rate of timber <strong>and</strong> bamboo<br />

extraction, the loss of <strong>for</strong>est is quite inevitable.<br />

Apart from the plant resources being extracted by the<br />

people, animal resources are also substantially used to<br />

supplement the protein requirement. Like other tribal<br />

people, the Garos are also involved in hunting of wild<br />

animals. However, less than 10% of the people extract wild<br />

animals from the <strong>for</strong>est <strong>and</strong> the meat is then either<br />

distributed to those who do not hunt free of cost or <strong>for</strong><br />

money.<br />

Large scale dependency on <strong>for</strong>est can also be<br />

related to the socio-economic status <strong>and</strong> the ethnobehaviour<br />

of the people. The survey found that almost<br />

30.8% of the people were illiterate <strong>and</strong> another 30.5%<br />

had only in<strong>for</strong>mal education. Because of the low<br />

literacy levels, most people are still unaware of the<br />

importance of <strong>for</strong>est <strong>and</strong> the need <strong>for</strong> future<br />

conservation <strong>and</strong> protection of wildlife <strong>and</strong> <strong>for</strong>est.<br />

Only about 21.3% people were salaried. A decrease of<br />

job opportunities due to low literacy could also lead to<br />

increased dependence on natural resources <strong>for</strong><br />

sustenance.<br />

As already mentioned, Meghalaya is mostly an<br />

agricultural state. Almost 52% of the people surveyed<br />

Fig.20 Bamoo Shoots being collected by local people<br />

was principally employed on their own in agricultural<br />

<strong>and</strong> plantation activities <strong>and</strong> another 21.3% of people<br />

were salaried. 12.3% of the people were self<br />

employed in non-agricultural activities. On an<br />

average, each family in the Garo Hills has 1.67 hectare<br />

of l<strong>and</strong> but owns only about 1.07 hectares. Of this only<br />

about 0.7 hectares is cultivable l<strong>and</strong> <strong>and</strong> another 0.75<br />

hectares plantation l<strong>and</strong> used mainly <strong>for</strong> areca nut<br />

plantation. Recently, however, in some areas cashew<br />

<strong>and</strong> rubber plantation also have come up.<br />

Traditionally, the hill societies have been largely<br />

dependent on <strong>for</strong>ests <strong>for</strong> sustenance but this has<br />

changed somewhat with economic development.<br />

However, in the Garo hills such opportunities are less<br />

<strong>and</strong> coupled with low agricultural yields from the<br />

farml<strong>and</strong>s, people are <strong>for</strong>ced to follow their traditions<br />

<strong>and</strong> also harvest surpluses <strong>for</strong> sale. Hence, there is a<br />

greater dependence on <strong>for</strong>est <strong>for</strong> food <strong>and</strong> other<br />

needs. This has to be urgently addressed <strong>and</strong><br />

alternative livelihood options explored.<br />

Thus, a multi pronged approach to address the issue<br />

of literacy, population growth, scientific extraction of<br />

minerals in a planned <strong>and</strong> ecologically sensitive manner<br />

is the need of the hour. Reduced dependency on <strong>for</strong>est<br />

<strong>for</strong> energy <strong>and</strong> sustenance by providing alternate<br />

energy source (LPG, solar panel, bio gas) <strong>and</strong><br />

livelihoods along with proper en<strong>for</strong>cement can halt the<br />

declining trend of <strong>for</strong>est <strong>and</strong> improve the overall<br />

lifestyle of people. The autonomous district councils can<br />

play a major role here.<br />

78 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Amacher, G. S., W. F. Hyde <strong>and</strong> K. P. R., Kanel (1996):<br />

“Household Fuel wood dem<strong>and</strong> <strong>and</strong> supply in<br />

Nepal’s terai <strong>and</strong> mid-hills: choice between cash<br />

outlays <strong>and</strong> labor opportunity”, World<br />

development Vol. 24, No.11, Pg. 1725 – 1736.<br />

Appasamy, P. P. (1993): “Role of non-timber <strong>for</strong>est<br />

products in subsistence economy: the case of a<br />

joint <strong>for</strong>estry project in India”, Economic Botany<br />

47(3), Pg. 258-267.<br />

Barathakur, D.N. (1998). Environmental <strong>and</strong><br />

sustainable agriculture. Souvenir brought out at<br />

the National Conference (Eastern Region) on<br />

Environmental <strong>and</strong> sustainable development, 13-<br />

14 October, 1998, Vol I, 14-16<br />

Bera S.K., Basumatary S.K., AgarwalA. <strong>and</strong> Ahmed,<br />

M (2006). Conversion of <strong>for</strong>est l<strong>and</strong> in Garo<br />

Hills, Meghalaya <strong>for</strong> construction of roads: a<br />

threat to the environment <strong>and</strong> biodiversity.<br />

Current Science, 91(3): 281-284.<br />

Goday, R., N. Brokaw <strong>and</strong> D. Wilkie (1995): “The effect<br />

of income on the extraction of nontimber tropical<br />

<strong>for</strong>est products: Model, hypotheses, <strong>and</strong><br />

preliminary findings from the Sumu Indians of<br />

Nicaragua”, Human Ecology, Vol. 23, No. 1, Pg.<br />

29-52.<br />

Hedge, R., Suryaprakash, S., Achoth, L. & Bawa K. S.,<br />

1996. Extraction of non–timber <strong>for</strong>est products in<br />

the <strong>for</strong>ests of Biligiri Rangan Hills, India:<br />

contribution to rural income. Economic Botany,<br />

50: 243–251.<br />

Hilaluddin, Kaul, R. & Ghose, D., 2005. Conservation<br />

implications of wild animal biomass extractions in<br />

Northeast India. <strong>Animal</strong> Biodiversity <strong>and</strong><br />

Conservation, 28.2: 169–179.<br />

Kerr, J.T. <strong>and</strong> Currie, D.J. (1995). Effects of human<br />

activity on global extinction risk. Conservation<br />

Biology, 9: 1528-1538<br />

Kumar, A., Marcot, B.G. <strong>and</strong> Roy, P.S. (2006). Spatial<br />

patterns <strong>and</strong> processes <strong>for</strong> shifting cultivation<br />

l<strong>and</strong>scape in Garo Hills, India. L<strong>and</strong>scape<br />

ecology, IUFRO 8.01.03<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

References<br />

Kumar,A., Gupta, A.K., Marcot, B.G., Saxena, A.,<br />

Singh, S.P. <strong>and</strong> Marak, T.T.C (2002).<br />

Management of <strong>for</strong>ests in India <strong>for</strong> Biological<br />

Diversity <strong>and</strong> <strong>for</strong>est productivity- A new<br />

Perspective, Vol IV: Garo Hills conservation<br />

Area (GCA). WII-USDA Forest Service<br />

Collaborative project report, Wildlife Institute of<br />

India, Dehradun, 206p<br />

Lanly, J.P. (1983)Assessment of the <strong>for</strong>est resources of the<br />

tropics. Commonwealth Forest Bureau review<br />

article, <strong>for</strong>est products abstract. Vol 6, 137-162<br />

Malhotra, K.C., Deb, D., Dutta, M., Vasula, T.S.,<br />

Yadav, G. & Adhikari, M. 1991. Role of nontimber<br />

<strong>for</strong>est products in village economy: A<br />

household survey in Jamboni Range,<br />

Midnapore, West Bengal. India, Indian<br />

Institute of Bio-social Research <strong>and</strong> Development.<br />

Marcot, B.G., Kumar, A., Roy, P.S. <strong>and</strong> Sawarkar, V.B.<br />

(2002). Towards a l<strong>and</strong>scape conservation<br />

strategy: Analysis of Jhum l<strong>and</strong>scape <strong>and</strong><br />

proposed corridors <strong>for</strong> managing elephants in<br />

south Garo Hills <strong>and</strong> Nokrek area, Meghalaya.<br />

Indian Forester 128(2): 207-216<br />

Mckinney, M.L. (2001). Role of human population size<br />

in raising bird <strong>and</strong> mammal threat among<br />

nations. <strong>Animal</strong> Conservation, 4: 45-57.<br />

Tiwari, S.K., Karyong, Sunil S., Sarkar, P., Choudhury,<br />

A. U. <strong>and</strong> Williams, A.C (2005). Elephant<br />

<strong>Corridors</strong> of North-eastern India. In. Menon, V.,<br />

Tiwari, S.K., Easa, P.S. <strong>and</strong> Sukumar, R. eds.<br />

Right of Passage: Elephant corridors of India.<br />

Wildlife Trust of India, New Delhi.<br />

Wakermagel, M., Schulz, N.B., Dunling, D., Linares,<br />

A.C., Jenkins, M., Kapos, V., Monfreda, C.,<br />

Loh, J., Myers, N., Norgaard, R., <strong>and</strong> R<strong>and</strong>ers,<br />

J. (2002). Tracing the ecology overshoot of the<br />

human economy. Proc. Nat. Academy Sci., 99 :<br />

9266-9271.<br />

Forest Survey of India (2001). State of Forest Report.<br />

Ministry of Environment <strong>and</strong> Forests, Govt.<br />

of India, Dehra Dun.<br />

79


Introduction<br />

Forest resources play an important role in<br />

providing sustenance <strong>and</strong> livelihoods to a high<br />

proportion of human population around the<br />

world (Pimental et al., 1997 <strong>and</strong> Mahapatra <strong>and</strong><br />

Mitchell, 1997). However, people’s dependency on<br />

<strong>for</strong>est varies depending upon the availability of<br />

resources in different regions that leads to varying<br />

ethnological use patterns. The northeast India is predominantly<br />

occupied by tribal people who are<br />

traditionally dependent on <strong>for</strong>ests. A number of<br />

earlier studies have covered ethnological use of<br />

different flora (Arora, 1980; Haridasan et al.,1990) <strong>and</strong><br />

fauna (Borang, 1996; Solanki, 2002; Solanki <strong>and</strong><br />

Chutia, 2003; Kumar <strong>and</strong> Solanki, 2004) by different<br />

ethnic groups of people in northeast India.<br />

Majority of their <strong>for</strong>est in Garo Hills is under<br />

control of the local community <strong>and</strong> a significant<br />

proportion of them are dependent on <strong>for</strong>ests <strong>for</strong><br />

their livelihood <strong>and</strong> sustenance. The role of local<br />

people in natural resource conservation of such<br />

areas is thus vital <strong>and</strong> any policies aimed at<br />

conserving <strong>for</strong>est resources must take into account<br />

the people who are reliant on the resources.<br />

Further, it is important to know <strong>and</strong> underst<strong>and</strong><br />

their perception of conservation in general <strong>and</strong> the<br />

initiatives taken <strong>for</strong> conservation of these resources<br />

so that any suggestions emanating from the<br />

custodians of these resources can be taken on<br />

board.. It is also very important to know if people<br />

are aware of their rights <strong>for</strong> only then can benefits<br />

of conservation percolate down to the grassroots.<br />

They must be aware of the policies, rules <strong>and</strong> laws<br />

<strong>and</strong> it is only then can effective en<strong>for</strong>cement<br />

happen.<br />

CHAPTER VII<br />

People's perception of <strong>for</strong>est management <strong>and</strong><br />

conservation in Garo Hills<br />

Susenjit Nath Choudhury, S<strong>and</strong>eep Kumar Tiwari, Rahul Kaul, Siddhartha Bhattacharjee <strong>and</strong> Satadal Acherji<br />

We there<strong>for</strong>e initiated a survey to seek answers to<br />

these questions so that the perception of the people<br />

could be communicated to the policymakers to help<br />

them underst<strong>and</strong> issues better so that they maybe able<br />

to plan in a more efficient manner.<br />

Methodology<br />

Data was collected through a questionnaire survey<br />

<strong>and</strong> recorded on a pre-<strong>for</strong>matted data sheet. A set of<br />

questions were asked from the target group to<br />

generate answers to their general perceptions on <strong>for</strong>est<br />

resources, causes of depletion, governance etc.<br />

The survey was conducted at three levels - (i)<br />

District Council Members, (ii) Gaon-bura (Village<br />

headman) <strong>and</strong> (iii) Household.<br />

(i) District Council Members:11 members of Garo<br />

Hills District Council were interviewed.<br />

For Gaon-buras <strong>and</strong> households, two stage<br />

stratified r<strong>and</strong>om sampling method was followed.<br />

Garo Hills area was divided in the existing three<br />

administrative districts <strong>and</strong> 58 villages (Census, 2001)<br />

were selected at r<strong>and</strong>om, the size of the sample <strong>for</strong><br />

each district being in accordance with its size (Table 1<br />

& 2) .<br />

(ii) Gaon-Bura: All Gaon-bura’s were interviewed<br />

<strong>for</strong> the selected 58 villages.<br />

(iii) Households: 232 households were selected at<br />

r<strong>and</strong>om from selected 58 villages.<br />

(4 households from each village)<br />

The survey was conducted during the month June –<br />

August 2006.


Table 1 List of Villages Surveyed<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

81


82 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Table 2 List of Gaon-buras interviewed<br />

83


Profile of the Sample<br />

Age-sex composition of the people<br />

interviewed<br />

All the Gaon buras <strong>and</strong> Garo Members District<br />

Councils interviewed were males. The 232 people<br />

interviewed from the household survey included<br />

92.2% males <strong>and</strong> 7.8% females. About 24.14% of the<br />

Gaon buras, 27.28% of Garo MDC <strong>and</strong> 43.05% of the<br />

people interviewed were in 20-40 years age category<br />

<strong>and</strong> 46.55% Gaon buras, 72.7% MDC <strong>and</strong> 45.25% of<br />

the people from households interviewed were in 40-<br />

60 yrs age class (Fig. 1)<br />

Education status of the people interviewed<br />

About 24.1% of the Gaon burasinterviewed were illiterate<br />

<strong>and</strong> 15.5% had in<strong>for</strong>mal education. About 36.2% had<br />

primary <strong>and</strong> 20.7% had secondary level education. Only<br />

3.5% of the sample had higher secondary education <strong>and</strong><br />

there were no gradates or above.<br />

Fig. 1 Age-sex class of the people interviewed<br />

All the MDC members interviewed were literate.<br />

About 36.4% had education till higher secondary <strong>and</strong><br />

27.3% were graduates (Fig. 2).<br />

Among the people interviewed at household level,<br />

30.17% were illiterate <strong>and</strong> 12.8% had only in<strong>for</strong>mal<br />

education. About 36.2% had primary education,<br />

84 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


14.2% secondary, 5.60 higher secondary <strong>and</strong> only<br />

1.72% were graduates.<br />

Fig. 2 Educational status of the peoploe interviewed<br />

People’s perception towards<br />

<strong>for</strong>est resource <strong>and</strong> conservation<br />

Survey indicated a wide variation in the perception of<br />

the people towards <strong>for</strong>est ownership, <strong>for</strong>est - extent,<br />

type <strong>and</strong> category, management status <strong>and</strong><br />

responsibilities <strong>and</strong> other issues.<br />

Ownership of the <strong>for</strong>est<br />

Majority of the <strong>for</strong>est area in Garo Hills is either<br />

under the control of the community, privately owned<br />

or are un-classified <strong>for</strong>ests. Only about 7% of the l<strong>and</strong><br />

is under the control of state <strong>for</strong>est department.<br />

However, 15.4% Gaon burahsopine that the <strong>for</strong>est<br />

is under the control of state <strong>for</strong>est department, 56.4%<br />

feel that it is under the control of community <strong>and</strong><br />

28.2% said that it was privately owned. The 30.4% of<br />

the district council members interviewed however<br />

felt that the <strong>for</strong>est l<strong>and</strong> was under state <strong>for</strong>est<br />

department; almost 61% said that it was under<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

community <strong>and</strong> only 18.6% said that it was privately<br />

owned. At household level, 29.3% of the respondents<br />

thought that the <strong>for</strong>ests were under the state <strong>for</strong>est<br />

department, 40.1% felt that it was under the control of<br />

communities <strong>and</strong> 24.6% thought that it was privately<br />

owned (Fig. 3).<br />

Fig. 3 Extent of <strong>for</strong>est controlled by different<br />

people/organisations<br />

Decision makers in <strong>for</strong>est conservation<br />

Fig. 4 Perception of people of who are responsible <strong>for</strong> <strong>for</strong>est management<br />

The state <strong>for</strong>est department takes care of about 7% of<br />

the <strong>for</strong>est cover <strong>and</strong> the remaining <strong>for</strong>est is either<br />

owned by local community, individuals <strong>and</strong> the<br />

district council. People’s perception regarding who<br />

managed the <strong>for</strong>est l<strong>and</strong> varied. About 9% of the<br />

MDC, 6.9% of the Gaon buras <strong>and</strong> 6.36% of the<br />

households surveyed believed that state <strong>for</strong>est<br />

department was responsible <strong>for</strong> managing the <strong>for</strong>est<br />

l<strong>and</strong>s. However, 53.2% of the people at house hold<br />

level, 58.6% of the Gaon buras<strong>and</strong> 18.2% of the MDC<br />

felt that <strong>for</strong>ests were managed by the village council.<br />

About 9.1% of the MDC, 3.5% of Gaon buras<strong>and</strong> 3.2%<br />

of the households believed that the <strong>for</strong>est was jointly<br />

being managed by <strong>for</strong>est department <strong>and</strong> village<br />

council (Fig 4).<br />

85


Initiatives <strong>for</strong> the conservation of <strong>for</strong>est<br />

A majority of the people opined that no initiatives are<br />

being taken to conserve the <strong>for</strong>est in Garo Hills. Only<br />

7.38% people believed that state <strong>for</strong>est department<br />

was taking initiatives to conserve the <strong>for</strong>est <strong>and</strong><br />

another 7% felt that district council had taken<br />

initiatives <strong>for</strong> <strong>for</strong>est conservation. But more than<br />

11.1% believed that individuals <strong>and</strong> non- government<br />

organizations had taken initiatives to conserve the<br />

<strong>for</strong>est. Overall only 8.5% people thought that some<br />

initiatives were being taken by state/district/private<br />

individuals or organisations to conserve the <strong>for</strong>est.<br />

However, an high 56.2% people believe that no<br />

initiatives are being undertaken. More than 35% have<br />

no view on this aspect (Fig 5).<br />

Fig. 5 People’s perception of intiatives taken by<br />

various agencies <strong>for</strong> conservation of <strong>for</strong>est.<br />

a) Initiatives of the government agency<br />

Only 7.4% of the people interviewed suggested<br />

that the state <strong>for</strong>est department had taken proper<br />

initiatives to protect the <strong>for</strong>est. But a majority of the<br />

people (63.5%) felt that no initiatives had been taken<br />

by these agencies <strong>and</strong> another 29.1% had no opinion<br />

on this aspect. Looking across the spectrum of people<br />

interviewed, very few Gaon buras (7.1%) <strong>and</strong><br />

households (6.03%) felt that the state government had<br />

initiated proper measures to conserve the <strong>for</strong>est.<br />

However, more than one-third of the MDC (36.4%)<br />

appreciated the initiatives taken by the state <strong>for</strong>est<br />

department in protecting the <strong>for</strong>est. More than 67.2%<br />

households, 36.4% MDC <strong>and</strong> almost 42.9% Gaon buras<br />

believed that no initiatives had been taken by the state<br />

government (Fig. 6). One reason <strong>for</strong> less positive<br />

opinion of most people could be the fact that since the<br />

state <strong>for</strong>est department controls less than 7% of the<br />

<strong>for</strong>est area, their presence <strong>and</strong> localized intervention<br />

is not felt is most places.<br />

Fig. 6 Forest department initiatives <strong>for</strong> conservation of<br />

<strong>for</strong>est<br />

b) Initiatives of the Garo District Council<br />

Only 6.7% of the people interviewed showed<br />

that the District Council has taken sufficient<br />

conservation measures in the area <strong>for</strong> protection of<br />

<strong>for</strong>est <strong>and</strong> wildlife. Almost 42.3% people feel that<br />

no initiatives have been taken <strong>and</strong> about half (50%)<br />

the people surveyed had no view on this (Fig.7).<br />

Fig. 7 People’s perception on initiative of District<br />

Council <strong>for</strong> <strong>for</strong>est conservation.<br />

c) Initiative of the non government agencies<br />

Almost 17.4% of the people interviewed opined<br />

positively towards the initiatives taken by the nongovernment<br />

agencies including private <strong>for</strong>est owners<br />

<strong>and</strong> planters, individual initiatives of the Nokmas <strong>and</strong><br />

some people working <strong>for</strong> wildlife & <strong>for</strong>est<br />

conservation. This view was uni<strong>for</strong>mly echoed by<br />

MDC (18.2%), Gaon buras (25%) <strong>and</strong> households<br />

(9.05%). However, a large majority (44.6%) felt<br />

against <strong>and</strong> about 38% had no view on this aspect<br />

(Fig.8).<br />

Change in <strong>for</strong>est cover<br />

Almost 87.7% of the people interviewed echoed the<br />

opinion that there had been a reduction of <strong>for</strong>est<br />

cover in Garo hills. However, about 3.23% of the<br />

people interviewed thought that the cover had<br />

increased (Fig.9).<br />

86 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Fig. 8 People’s perception on initiative <strong>for</strong> conservation<br />

by non-government agencies<br />

Fig. 9 Perception about change of <strong>for</strong>est cover of the<br />

people interviewed<br />

Status of the <strong>for</strong>est cover<br />

Both in terms of quality <strong>and</strong> extent, the <strong>for</strong>est in Garo<br />

Hills has deteriorated over the years. This is also<br />

reflected in the <strong>for</strong>est cover surveys conducted by<br />

Forest Survey of India. Almost all MDC members,<br />

31.03% of Gaon buras <strong>and</strong> 27.06% of the households<br />

believed that the <strong>for</strong>ests had degraded over the years.<br />

In fact, 46.55% of Gaon buras <strong>and</strong> 52.7% of the<br />

households believed that <strong>for</strong>est had become much<br />

degraded. Only 13.8% of the Gaon buras<strong>and</strong> 11.47% of<br />

the households believed that the <strong>for</strong>est cover was good<br />

(Fig 10). This clearly reflects that majority of the people<br />

believe that <strong>for</strong>est has degraded over the years.<br />

Cause of <strong>for</strong>est destruction<br />

One of the major causes of destruction of <strong>for</strong>est<br />

resources has been the over extraction of resources by<br />

people (84.5%). However, 10.1% of the people said<br />

that both over exploitation by people <strong>and</strong><br />

developmental activities had contributed to the<br />

decline <strong>and</strong> degradation of <strong>for</strong>ests in Garo hills.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Fig. 10 Perception of the people towards contition of<br />

the <strong>for</strong>est<br />

Looking across the sample, almost 80% of the Gaon<br />

buras, 63.6% of the MDC <strong>and</strong> 86.5% of the people at<br />

house level suggested that over extraction of<br />

resources by people was the main cause of <strong>for</strong>est<br />

destruction. Developmental activities like roads,<br />

houses <strong>and</strong> mining had also contributed to <strong>for</strong>est<br />

destruction as opined by 36.4% of MDC members <strong>and</strong><br />

3.6% of people at household level. Another 20% of<br />

Gaon buras <strong>and</strong> 9.4% of the people at the household<br />

level felt that both over extraction of resources <strong>and</strong><br />

developmental activities had contributed to<br />

destruction of <strong>for</strong>est (Fig 11).<br />

SE = Self over extraction of<br />

<strong>for</strong>est resource<br />

GE = Govt over extraction of<br />

<strong>for</strong>est resource<br />

DA= Developmental activities<br />

Fig.11 Perception of the people towards cause of<br />

<strong>for</strong>est destruction<br />

Cause of reduction of fauna<br />

A wide variety of faunal resources are hunted by the<br />

local people. These include mainly wild boar, deer,<br />

monkeys, bear, etc. About 55% of the people interviewed<br />

implicated hunting as the main cause of reduction of<br />

fauna in Garo Hills apart from degradation of habitat.<br />

87


Laws <strong>for</strong> legal protection of <strong>for</strong>est <strong>and</strong><br />

wildlife<br />

a) Implementation of law<br />

Most people (85.7%) interviewed said that customary<br />

laws were being used to manage the <strong>for</strong>ests. Only 6.5%<br />

felt that central laws were used while the rest (7.72%) felt<br />

that both central <strong>and</strong> customary laws were being used<br />

<strong>for</strong> <strong>for</strong>est management. Over 81% of the MDC felt that<br />

customary laws were the major law that was being used<br />

to manage <strong>for</strong>ests <strong>and</strong> the rest 18.2% felt that both central<br />

<strong>and</strong> customary laws were used to manage the <strong>for</strong>ests.<br />

However, 7.14% of the Gaon buras felt that central laws<br />

were used in the local <strong>for</strong>est management but the<br />

majority (82.1%) said that customary laws were being<br />

used to manage <strong>for</strong>est. Majority of the household level<br />

(86.5%) had a similar view in favour of customary law<br />

(Fig. 12).<br />

Fig.12 Perception of the people towards laws used <strong>for</strong><br />

managing <strong>for</strong>est<br />

b) Response on ban of tree feeling by Supreme<br />

Court<br />

Almost 76.4% of the people interviewed were aware<br />

of the ban on tree felling but a large proportion was<br />

unaware of the agency responsible <strong>for</strong> the ban,<br />

especially the people at household level. About 62.1%<br />

of the Gaon buras, 100% MDC <strong>and</strong> 67.2% of the people<br />

at household level were aware of the ban (Fig. 13).<br />

Fig. 13 People's knowledge about ban on tree feeling<br />

c) Impact of tree feeling ban by Supreme Court<br />

i) Impact on <strong>for</strong>est<br />

The impact of ban on tree feeling on <strong>for</strong>est has been<br />

really encouraging as opined by majority (72.7%) of the<br />

people surveyed. A small proportion (1.8%) still felt that<br />

the ban had negatively affected the health of the <strong>for</strong>est.<br />

About 25.5% are unaware of the impact (Fig. 14).<br />

Fig.14 People opinion on the effect on tree felling ban<br />

on <strong>for</strong>est<br />

Almost 85.7% of the Gaon buras, 63.6% of MDC <strong>and</strong><br />

71.55% of the people at household level indicated that<br />

the ban had improved the <strong>for</strong>est cover <strong>and</strong> overall<br />

health of the <strong>for</strong>est. However, 9.09% of the MDC <strong>and</strong><br />

1.7% of the people at the household level were not in<br />

favour of the above view <strong>and</strong> opine that it had<br />

negatively affected the <strong>for</strong>est.<br />

ii) Impact on livelihood<br />

The overall response (50.2%) of the ban imposed on<br />

tree felling on the local livelihoods has been quite<br />

positive <strong>and</strong> according to the respondents had not<br />

affected their livelihood significantly. Although<br />

earning from timber had reduced but the ban had<br />

resulted in better environment, fuel wood availability<br />

<strong>and</strong> other <strong>for</strong>est resources <strong>for</strong> the people <strong>and</strong> better<br />

protection of water catchments. However, 22.1% of<br />

the people felt that it had affected their livelihood <strong>and</strong><br />

had made many unemployed. The remaining 27.7% of<br />

the respondents were unaware of its impact (Fig. 15).<br />

Almost 81.8% of the MDC members, 49.6% of<br />

people at house hold <strong>and</strong> 42.9% Gaon buras felt that<br />

the ban had not affected their livelihoods. Others<br />

however felt that it had (24.1% people at household<br />

level <strong>and</strong> 14.3% at the Gaon bura level).<br />

d) Justification of the ban<br />

Almost 92.5% of the people opined that the ban was<br />

88 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Fig. 15 People opinion on the effect on tree felling ban<br />

on livelihood<br />

justified <strong>and</strong> had resulted in betterment of the <strong>for</strong>est<br />

cover. This is also justified by the fact that more<br />

than 50% of the people interviewed felt that the ban<br />

had not affected the livelihood of the people as<br />

mentioned above. However, 7.5% of the people<br />

have a contradictory view. Almost 94.8%<br />

household, all MDC members <strong>and</strong> 82.8% of the<br />

Gaon buras also justified as correct the ban on tree<br />

felling (Fig 16).<br />

Fig. 16 People opinion on justification of ban on<br />

tree felling<br />

Need to regulate hunting<br />

As mentioned earlier, about 55% of the people felt that<br />

hunting was the major cause of decline of faunal<br />

resources. However, only about 37% people thought<br />

that there should be some regulation on hunting while<br />

over 60% of the people were not in favour of any<br />

regulation.<br />

Regarding en<strong>for</strong>cement, majority of the people<br />

(74.5%) were aware of the central laws that prohibit<br />

hunting <strong>and</strong> also that this was a criminal offence.<br />

However, 23.8% of the people said that there were<br />

customary laws that prohibited hunting.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

3.10. Resource sustainability<br />

Majority (67.3%) of the people were pessimistic about<br />

the future of the <strong>for</strong>ests <strong>and</strong> felt that at the present rate<br />

of extraction, the <strong>for</strong>ests would not last more than 10<br />

years. About 21.6% felt that it would last <strong>for</strong> another<br />

50 yrs <strong>and</strong> only 9.6% felt that the resource was infinite<br />

<strong>and</strong> can be harvested as much as possible (Fig. 17).<br />

Fig. 17 People opinion on resource lasting at current<br />

rate of extraction<br />

The perception on <strong>for</strong>est resource lasting showed<br />

similar trend across the sample. Thus majority of<br />

people are of the opinion that urgent management<br />

measures need to be undertaken to stop complete<br />

depletion of <strong>for</strong>est resource.<br />

Conclusion<br />

The long-term sustenance of <strong>for</strong>est area depends on<br />

how well planned conservation measures are <strong>and</strong><br />

the success of such conservation measure depends<br />

upon how aware the people are to laws <strong>and</strong><br />

policies. In Garo hills, a major proportion of <strong>for</strong>ests<br />

are under private or clan ownership <strong>and</strong> a very<br />

small part under government control. The Garo<br />

Hills Autonomous District Council manages the<br />

majority of <strong>for</strong>est area <strong>and</strong> is responsible <strong>for</strong> its use<br />

<strong>and</strong> up keep. This underst<strong>and</strong>ing is more or less<br />

clear among the people, however, the extent varies.<br />

Majority of people felt however, that not much is<br />

being done to effectively manage the <strong>for</strong>est<br />

resources either by the state government or by the<br />

District Council which is a cause of concern. One<br />

reason <strong>for</strong> this could be the fact that since <strong>for</strong>est<br />

department owns less than 7% of the <strong>for</strong>est area, its<br />

initiatives <strong>and</strong> presence is localized <strong>and</strong> so are the<br />

impacts. District Council, with a very small<br />

work<strong>for</strong>ce has not been able to take up initiatives<br />

that are urgently required. On the other h<strong>and</strong> some<br />

private individuals <strong>and</strong> non-government agencies<br />

89


have done good work <strong>for</strong> <strong>for</strong>est conservation but in<br />

localized areas.<br />

The survey was remarkable in bringing out a<br />

few important perceptions which would have a<br />

bearing on the over all conservation scenario of the<br />

region. The overall opinion is that the <strong>for</strong>est cover<br />

has reduced over the years <strong>and</strong> also felt that over<br />

extraction of resource by people as the main cause<br />

of <strong>for</strong>est destruction. Hunting was also felt as a<br />

cause of decline of faunal resources. This<br />

realization needs to be channalised <strong>for</strong> <strong>for</strong>est<br />

conservation involving the locals by making them<br />

aware of the adverse impacts of such loss <strong>and</strong> at<br />

the same time reducing their dependency on <strong>for</strong>est<br />

<strong>for</strong> energy needs <strong>and</strong> sustenance. This can be<br />

facilitated by providing them alternate source of<br />

energy like solar energy, LPG <strong>and</strong> bio gas. The<br />

level of education also needs to be improved as<br />

illiteracy has resulted in lesser job opportunities <strong>for</strong><br />

locals <strong>and</strong> making them more dependent on <strong>for</strong>est<br />

<strong>for</strong> sustenance.<br />

People support the tree felling ban probably<br />

because it secures the <strong>for</strong>ests <strong>for</strong> their use as at a local<br />

Arora, R.K. (1980). Nature food plants of Northeastern<br />

tribals. In : Jain, S.K. (ed) Glimpses of Indian<br />

Ethnobotany. Ox<strong>for</strong>d <strong>and</strong> IBH publication, New<br />

Delhi, Pp 91-136.<br />

Borang, A. (1996). Studies of certain ethno zoological<br />

aspects of Adi tribes of Siang District, A.P.,<br />

India. Arunachal Forest News, 19 (1-2) : 43-82.<br />

Haridasan, K., Bhuyan, L.R. <strong>and</strong> Deori, M.L. (1990).<br />

Wild edible plants of Arunachal Pradesh.<br />

Arunachal Forest News, 8 (1-2): 1-8.<br />

Kumar, A. <strong>and</strong> Solanki, G.S. (2004). Ethno-sociological<br />

impact on Capped langur (Trachypithecus<br />

pileatus) <strong>and</strong> suggestions <strong>for</strong> conservation: A<br />

case study of Reserved Forest in Assam, India. J.<br />

Nat. Con., 16 (1) : 107-113.<br />

Mahapatra, A. <strong>and</strong> Mitchell, C.P. (1997). Sustainable<br />

References<br />

level, they continue to subsist on it. Most people opine<br />

that customary laws are the most appropriate law to<br />

manage the <strong>for</strong>est indicating greater confidence in<br />

their traditional systems <strong>and</strong> probably less confident<br />

of centralized laws.<br />

But the most remarkable finding of the study has<br />

been the cordial relation <strong>and</strong> faith of the people on<br />

both the state <strong>for</strong>est department <strong>and</strong> District council<br />

which can actually be translated into meaningful<br />

conservation initiatives. However, lack of a proper<br />

l<strong>and</strong>-use <strong>and</strong> scientifically based environmental<br />

management plan has resulted in rampant mining<br />

<strong>and</strong> developmental activities which needs to be<br />

seriously considered by the local administration.<br />

People should also be made aware of the negative<br />

impacts of the loss of <strong>for</strong>est <strong>and</strong> relate this to the<br />

current water crisis in Garo hills. Since most of the<br />

<strong>for</strong>est is under the control of community <strong>and</strong> private<br />

people <strong>and</strong> their livelihood directly or indirectly<br />

dependent on the <strong>for</strong>est, a conservation approach<br />

involving the local people <strong>and</strong> better employment<br />

opportunity are the most viable approach to the<br />

conservation of the <strong>for</strong>est.<br />

development of non-timber <strong>for</strong>est products:<br />

implication <strong>for</strong> <strong>for</strong>est management in India. Forest<br />

Ecology <strong>and</strong> Management, 94(1-3):15-29<br />

Pimental D., J. Houser, E. Preiss, O. White, H. Fang,<br />

L.Mesnick, T. Barsky, S. Tariche, J. Schreck <strong>and</strong> S.<br />

Alpert (1997). Water resources: agriculture, the<br />

environment, <strong>and</strong> society<br />

Solanki, G.S. (2002). Socio cultural <strong>and</strong> funal diversity<br />

of Arunachal Pradesh. Himalayan J. Env. And<br />

Zoo.,, 16 (2): 159-170.<br />

Solanki, G.S. <strong>and</strong> Chutia, P. (2004). Ethno Zoological<br />

<strong>and</strong> Socio-cultural aspects of Monpas of<br />

Arunachal Pradesh. J. Human Ecol., 15 (4) :<br />

251-254.<br />

Census of India, 2001. Povisional Population Totals,<br />

District Totals, Series-1, India.<br />

90 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


The northeastern region of India supports about<br />

35% (about 26,500 elephants) of India’s total<br />

elephant population <strong>and</strong> also provides shelter<br />

to about 55% of the roughly 3500 captive elephants of<br />

the country. More than 50% of the estimated 9200 wild<br />

elephants of northeastern India are harboured by<br />

Assam followed by Meghalaya (1860) <strong>and</strong> Arunachal<br />

Pradesh (1600). The remaining elephants are found in<br />

the states of Mizoram, Nagal<strong>and</strong>, Tripura, Manipur<br />

<strong>and</strong> northern West Bengal.<br />

In Meghalaya, elephants are mainly distributed in<br />

Garo <strong>and</strong> Khasi Hills <strong>and</strong> include the district of Rhi-<br />

Bhoi, West Khasi Hills, East Garo Hills, West Garo<br />

Hills <strong>and</strong> South Garo Hills of Meghalaya. A small,<br />

isolated population also occurs along the southern<br />

end of Jaintia Hills (adjacent to Cachar hills of Assam)<br />

(Choudhury, 1999; Gurung & Lahiri-Choudhury, 2001;<br />

Marak, 2002; Talukdar, 2005; Tiwari et al., 2005;<br />

Williams & Johnsingh, 1996). Majority of the habitat is<br />

hilly <strong>and</strong> the <strong>for</strong>est type is mostly tropical moist<br />

deciduous <strong>and</strong> tropical semi evergreen. Tropical wet<br />

evergreen <strong>for</strong>est occurs along the narrow river valleys.<br />

The state has about 9500 km 2 of potential elephant<br />

habitat <strong>and</strong> harbours about 1860 elephants<br />

(Meghalaya elephant census, 2002; Marak, 2002).<br />

About 10% of the elephant habitat is under the control<br />

of state <strong>for</strong>est department <strong>and</strong> the remaining is under<br />

the control of clan, community <strong>and</strong> private people.<br />

Majority of the elephants in Meghalaya (1,047) are<br />

concentrated in the Garo Hills.<br />

For the conservation of elephants in the Garo Hills,<br />

the <strong>for</strong>ests of almost the whole of South Garo Hills<br />

district <strong>and</strong> southern part of East <strong>and</strong> West Garo Hills<br />

CHAPTER VIII<br />

Conservation of Asian elephant (Elephas maximus) in Meghalaya<br />

with special reference to corridors<br />

S<strong>and</strong>eep Kumar Tiwari, Vivek Menon, Sunil Kyarong <strong>and</strong> Rahul Kaul<br />

have been constituted into Garo Hills Elephant Reserve<br />

spread over 3500 km 2 including Balphakram National<br />

Park, Siju Wildlife Sanctuary, Baghmara Reserve Forest<br />

(RF), Reawak <strong>and</strong> Emangre RF, Angratoli RF, Nokrek<br />

National Park <strong>and</strong> Rongrengre RF interspersed with<br />

buffer areas of mostly secondary <strong>for</strong>ests of Akhing<br />

l<strong>and</strong>s. It is estimated that the male— female ratio of<br />

elephants in Meghalaya is approximately about 1:1.9.<br />

Meghalaya is predominantly an agrarian economy<br />

with agriculture as the main occupation of its<br />

population. Agriculture in Meghalaya is mainly jhum<br />

based (slash <strong>and</strong> burn cultivation) <strong>and</strong> with<br />

decreasing jhumming cycle of three to five years<br />

(http://www.megsoil.gov.in/shifting_cul.htm).<br />

More <strong>and</strong> more areas are continuously being cleared<br />

off <strong>for</strong> jhumming(Fig.1). About 51428 families practice<br />

Fig. 1 Forest cleared <strong>for</strong> jhumming


92 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Fig. 2 Forest Map of Meghalaya showing <strong>for</strong>est cover, reserved & protected <strong>for</strong>ests <strong>and</strong> protected area network<br />

(Source: Remote Sensing Cell: Forest & Environment Department Meghalaya http://www.meg<strong>for</strong>est.gov.in)


jhum in Garo Hills <strong>and</strong> annual area under jhum is<br />

approximately about 340.5 km 2 (Soil & Water<br />

Conservation Department, Government of<br />

Meghalaya, 2000; http://www.megsoil.gov.in/<br />

shifting_cul.htm). Large natural <strong>for</strong>ests have also been<br />

cleared off <strong>for</strong> commercial plantations like cashew,<br />

oranges, arecanut <strong>and</strong> rubber. The state also has rich<br />

deposits of minerals including coals, limestones,<br />

silimantite, etc. However, in absence of a detailed<br />

l<strong>and</strong>-use <strong>and</strong> environmental management plan <strong>for</strong><br />

sustainable mining <strong>and</strong> scientific mining, large scale<br />

mining of coal <strong>and</strong> limestone, especially in South <strong>and</strong><br />

East Garo hills has fragmented <strong>and</strong> degraded the<br />

elephant habitat threatening the elephant population.<br />

Coal <strong>and</strong> limestone mining in Darengiri area has<br />

already caused fragmentation of the habitat <strong>and</strong><br />

hindered the movement of elephants between<br />

Angratoli RF <strong>and</strong> Imangiri RF. A big limestone<br />

mining operation <strong>for</strong> a cement plant was planned<br />

near Siju WLS which could have threatened the<br />

movement of elephants between Balpakram National<br />

Park <strong>and</strong> Nokrek National Park. This was stopped<br />

through a PIL filed in Supreme Court of India.<br />

However, there are other artifacts threatening this<br />

corridor. Human settlements, New NEHU campus,<br />

fishery pond, 2 nd police battalion camp, heavy traffic<br />

on Guwahati-Tura road <strong>and</strong> agricultural activities, all<br />

have threatened the elephant movement between<br />

West Garo Hills <strong>and</strong> Nokrek National Park (Fig. 3).<br />

Fig. 3 Coal mining in south Garo Hills<br />

Human-elephant conflict in Garo Hills<br />

There has been a gradual decline in the <strong>for</strong>ests of<br />

Meghalaya from 73.4% in 1987 to 69.5% in 2001. More<br />

than 340 sq km is annually jhummed <strong>and</strong> more area is<br />

cleared every year (Fig. 4). This coupled with increase<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

in human population <strong>and</strong> unplanned mining <strong>for</strong> coal<br />

<strong>and</strong> limestone has degraded <strong>and</strong> fragmented the<br />

elephant habitat <strong>and</strong> created a mosaic of secondary<br />

(bamboo <strong>and</strong> degraded scrub) <strong>for</strong>ests interspersed<br />

with cultivation <strong>and</strong> primary <strong>for</strong>ests. Since jhum<br />

settlements are interspersed with <strong>for</strong>est areas,<br />

elephants encounter <strong>and</strong> raid crop with regularity.<br />

This results in large scale crop depredation <strong>and</strong><br />

sometimes loss of human life <strong>and</strong> property when crop<br />

protection against elephant is attempted. As<br />

retaliatory actions, many elephants are also killed by<br />

electrocution <strong>and</strong> other means by the aggrieved<br />

public.<br />

Fig. 4 Forest cleared <strong>for</strong> jhumming<br />

Human-elephant conflict is a major problem in<br />

Garo Hills (Gurung & Lahiri-Choudhury, 2001;<br />

Marak, 2002; Marcot et al, 2002; Talukdar, 2005;<br />

Tiwari et al, 2005; Williams & Johnsingh, 1996).<br />

Between 2000-2001 <strong>and</strong> 2005-06, approximately 4136<br />

cases of crop depredation were reported in Garo Hills.<br />

However many more go unreported so the number of<br />

cases might be actually much higher (Fig 5). Of the<br />

crop depredation reported in Garo Hills, most of these<br />

have been reported from West Garo Hills where the<br />

rate of l<strong>and</strong> use conversion to such <strong>for</strong>ms that is<br />

incompatible <strong>for</strong> long-term survival of elephants has<br />

increased over the years (Bera et al., 2006).<br />

Fig. 5 Elephant depredation cases reported in Garo Hills<br />

93


The conflict has also resulted in injury <strong>and</strong> death of<br />

people in of the Garo Hills every year. Between 2000-<br />

2001 <strong>and</strong> 2005-2006, 22 people have lost their life <strong>and</strong><br />

39 injured due to elephants at an average of 3.67 <strong>and</strong><br />

6.5 of human death <strong>and</strong> injury every year respectively.<br />

The conflict scenario is worst in West Garo hills where<br />

11 people lost their life <strong>and</strong> a minimum of 25 were<br />

injured during the above period (Fig. 6). As retaliatory<br />

actions, many elephants are being killed by<br />

electrocution <strong>and</strong> other means by the aggrieved<br />

public. Between 2001 <strong>and</strong> 2007, about 36 elephants<br />

have lost their lives in Garo hills of which almost 61%<br />

died due to electrocution. About 58.3% of the reported<br />

elephant mortality is from West Garo hills. Most<br />

(77.3%) of the electrocution deaths are reported from<br />

Fig. 6 Human casualty due to elephants in Garo Hills<br />

West Garo Hills which also has an equally high<br />

human casualty <strong>and</strong> crop depredation rate (Fig. 7).<br />

This indicates an alarming situation of humanelephant<br />

conflict in the region that needs to be<br />

urgently tackled. Failure of this could result in<br />

increased conflict <strong>and</strong> reduced tolerance towards<br />

elephant its conservation.<br />

To minimize human-elephant conflict <strong>for</strong><br />

ensuring long term conservation of elephants in<br />

Garo Hills, it is important to link different patches of<br />

habitats. A proposed method <strong>for</strong> moderating the<br />

negative effects of habitat isolation is the<br />

preservation <strong>and</strong> restoration of linear l<strong>and</strong>scape<br />

(corridors that structurally link otherwise isolated<br />

habitats) (Saunders <strong>and</strong> Hobbs, 1991). These<br />

corridors are meant to increase l<strong>and</strong>scape<br />

connectivity by facilitating movement of organisms<br />

between habitat fragments <strong>and</strong> thus minimize the<br />

Fig. 7 Elephant mortality due to various reasons in<br />

Garo Hills<br />

risk of inbreeding <strong>and</strong> extinction, increase local <strong>and</strong><br />

regional population persistence <strong>and</strong> facilitate<br />

colonization (Doak <strong>and</strong> Mills, 1994, Fahrig <strong>and</strong><br />

Merriam, 1994; Sjorgen, 1991; Simberloff, 1988).<br />

Wildlife Trust of India took the initiative of<br />

identifying <strong>and</strong> verifying the elephant corridors of the<br />

country in 2001 with support of wildlife <strong>and</strong> <strong>for</strong>est<br />

departments of the concerned states. In Meghalaya,<br />

together with wildlife <strong>and</strong> <strong>for</strong>est department officials<br />

<strong>and</strong> researchers, WTI initiated an exercise of<br />

groundtruthing the elephant corridors in 2002 <strong>and</strong> an<br />

initial list of corridors <strong>and</strong> their status was prepared.<br />

In Guwahati, a discussion meeting of people with<br />

knowledge on elephant habitats was organized on 1st<br />

<strong>and</strong> 2 nd August, 2003 <strong>and</strong> a final list prepared after<br />

incorporating the suggestions <strong>and</strong> comments<br />

advocated by the people present.<br />

Six corridors were identified in the state of which<br />

five are present in Garo Hills <strong>and</strong> one in Jaintia hills.<br />

The corridors identified are as follows:<br />

1. Ranggira - Nokrek<br />

2. Nokrek - Imangiri<br />

3. Rewak - Imangiri<br />

4. Siju - Rewak<br />

5. Baghmara - Balpakram<br />

6. Saipung - Narpuh<br />

94 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

RANGGIRA- NOKREK<br />

Ecological Priority: Medium Conservation feasibility: Low<br />

Elephants from Ranggira, Sanchangiri <strong>and</strong> Galwang village Reserve Forest area use this corridor to move on<br />

to Nokrek National Park area via Bismagre, Bibragre, Sakalgre <strong>and</strong> M<strong>and</strong>algre private <strong>for</strong>est. Human settlements,<br />

North Eastern Hill University (NEHU) campus, fishery pond, 2 nd police Battalion campus <strong>and</strong> other artifacts<br />

along the Tura-Rongram road obstruct their movement.<br />

Forest Division :Garo Hills<br />

Connectivity :Elephant population of West Garo Hills with Nokrek National Park thus leading to South Garo Hills<br />

Geographical coordinates :<br />

Latitude 25º31'-25º34' N<br />

Longitude 90º12'-90º17' E<br />

Length: 7-8 km Width: 1.5-2 km<br />

Forest type/ Vegetation:Tropical moist deciduous <strong>for</strong>ests<br />

Nearest PA:Nokrek National Park<br />

Legal status of the corridor:Clan l<strong>and</strong> (Akhing l<strong>and</strong>)<br />

Major l<strong>and</strong>-use:Forest, plantation, settlement, agriculture <strong>and</strong> NEHU campus<br />

Major habitation/settlements in corridor: Chasingre, Phagugre, Chibragre, Ganol Sangma, 2nd police<br />

Battalion campus <strong>and</strong> Boldorenggre<br />

Corridor dependent villages:Chasingre, Phagugre, Chibragre, Ganol Sangma <strong>and</strong> Boldorenggre.<br />

Human artefacts on the corridor:NEHU campus, 2nd police Battalion campus, fishery pond <strong>and</strong> road (Tura-<br />

Guwahati)<br />

Frequency of usage of the corridor by elephants: Regular <strong>and</strong> seasonal; used mostly in October-February<br />

Threats to the corridor:<br />

1. Expansion of human settlement <strong>and</strong> Jhum cultivation.<br />

2. NEHU campus, especially fencing of the l<strong>and</strong><br />

3. 2 nd police Battalion campus<br />

Conservation plan:<br />

1. Declaration, demarcation <strong>and</strong> legal protection of the corridor under various laws appropriate <strong>for</strong> the state<br />

2. Negotiation with NEHU authorities to spare the main corridor area <strong>for</strong> elephant movement.<br />

3. Prevention of new settlements in the corridor area<br />

4. Exploring the possibility of establishing a Community Reserve<br />

95


Fig. 8 Map of Ranggira- Nokrek elephant corridor<br />

96 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

NOKREK - IMANGIRI<br />

Ecological Priority: Medium Conservation feasibility: Low<br />

The corridor connects a large stretch of <strong>for</strong>est in <strong>and</strong> around Imangiri Reserve Forest with Nokrek National<br />

Park <strong>and</strong> adjacent areas. Due to inaccessibility of the corridor area by road <strong>and</strong> comparatively low human density<br />

in the area, the corridor is safe. However, coal <strong>and</strong> limestone mining are threats to the area.<br />

Forest Division :Garo Hills<br />

Connectivity :Imangiri Reserve Forest <strong>and</strong> Nokrek National Park<br />

Geographical coordinates :<br />

Latitude 25º20'–25º25' N<br />

Longitude 90º30'–90º35' E<br />

Length: 10 km Width :3–4 km<br />

Forest type/Vegetation:Tropical evergreen <strong>for</strong>est along the southern boundary of Nokrek National Park <strong>and</strong><br />

moist deciduous with patches of degraded secondary <strong>for</strong>est in <strong>and</strong> around Imangiri Reserve Forest<br />

Nearest PA:Nokrek National Park<br />

Legal status of the corridor:Private l<strong>and</strong> (Akhing l<strong>and</strong>)<br />

Major l<strong>and</strong>-use: Forest, settlement <strong>and</strong> jhum cultivation<br />

Major habitation/settlements in corridor: Dadugre, Rekmangre, Nepali khunti, Pharamgre, Dobagre <strong>and</strong><br />

Iman Asakgre<br />

Corridor dependent villages: Dadugre, Rekmangre, Nepali khunti, Pharamgre, Dobagre, Iman Asakgre,<br />

Arukgre, Jetragre <strong>and</strong> Iman Durab<strong>and</strong>a<br />

Human artefacts on the corridor:Road (Kharukhol-Chokpot)<br />

Frequency of usage of the corridor by elephants: Regular<br />

Threats to the corridor:<br />

1. Present small scale coal mining <strong>and</strong> associated temporary roads opening up in the habitat is a threat<br />

2. Limestone mining<br />

3. Mining road (Kharukhol-Chokpot)<br />

Conservation plan:<br />

1. Declaration, demarcation <strong>and</strong> legal protection of the corridor under various laws appropriate <strong>for</strong> the state<br />

2. Checking destructive developmental activities in the area<br />

3. Prevention of large scale coal <strong>and</strong> limestone mining<br />

4. Exploring the possibility of establishing a Community Reserve<br />

97


Fig. 9 Map of Nokrek - Imangiri elephant corridor<br />

98 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

REWAK - IMANGIRI<br />

Ecological Priority: Medium Conservation feasibility: Medium<br />

The corridor connects Rewak Reserve Forest with Imangiri Reserve Forest <strong>and</strong> passes through Akhing (clan)<br />

l<strong>and</strong>s <strong>and</strong> settlements. There is no immediate threat to the corridor except human settlement <strong>and</strong> jhumming.<br />

Forest Division : Garo Hills<br />

Connectivity : Imangiri Reserve Forest with Rewak Reserve Forest<br />

Geographical coordinates :<br />

Latitude 25º 18'–25º22' N<br />

Longitude 90º 35'–90º39' E<br />

Length: 8–9 km Width: 2.5 km<br />

Forest type/ Vegetation:Tropical evergreen <strong>for</strong>est<br />

Nearest PA:Siju Wildlife Sanctuary<br />

Legal status of the corridor:Clan l<strong>and</strong> (Jadigittim Akhing l<strong>and</strong>)<br />

Major l<strong>and</strong>-use:Forest, settlement <strong>and</strong> jhum cultivation<br />

Major habitation/settlements in corridor: Tholigre, Nakatagre, Jadigittim, Depri Khosigre, Garengre <strong>and</strong><br />

Damukgittum.<br />

Corridor dependent villages:Tholigre, Nakatagre, Jadigittim, Depri Khosigre, Garengre <strong>and</strong> Damukgittum.<br />

Human artefacts on the corridor: Nil<br />

Frequency of usage of the corridor by elephants: Regular; used by bulls <strong>and</strong> herds<br />

Threats to the corridor:<br />

1. Expansion of settlements <strong>and</strong> jhum cultivation<br />

Conservation plan:<br />

1. Declaration, demarcation <strong>and</strong> legal protection of the corridor under various laws appropriate<br />

<strong>for</strong> the state<br />

2. Preventing the expansion of settlements towards the corridor<br />

3. Exploring the possibility of establishing a Community Reserve<br />

99


Fig. 10 Map of Imangiri -Rewak elephant corridor<br />

100 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

SIJU-REWAK<br />

Ecological Priority: Medium Conservation feasibility: High<br />

This narrow corridor connecting Siju Wildlife Sanctuary with Rewak Reserve Forest is a very important<br />

passage <strong>for</strong> elephants <strong>and</strong> helps in maintaining habitat continuity between Balpakram-Siju-Rewak <strong>and</strong> Nokrek<br />

National park. Elephants cross the Simsang River through the s<strong>and</strong>y stretches in the corridor area. Elsewhere, the<br />

river is bound by steep limestone cliffs <strong>and</strong> large boulder <strong>for</strong>mations along both the banks<br />

Forest Division :Balpakram National Park<br />

Connectivity : Siju Wildlife Sanctuary with Rewak Reserve Forest<br />

Geographical coordinates :<br />

Latitude 25º18'–25º20' N<br />

Longitude 90º40'–90º42' E<br />

Length: 2 km Width: 3.5 km<br />

Forest type/ Vegetation: Tropical evergreen <strong>for</strong>est with plantation <strong>and</strong> jhum l<strong>and</strong><br />

Nearest PA: Siju Wildlife Sanctuary<br />

Legal status of the corridor: Clan l<strong>and</strong> (Akhing l<strong>and</strong>)<br />

Major l<strong>and</strong>-use: Forest <strong>and</strong> settlement<br />

Major habitation/settlements in corridor: Aretika village with about 23 families <strong>and</strong> 125 people<br />

Corridor dependent villages: Aretika, Siju <strong>and</strong> Rewak<br />

Human artefacts on the corridor: Baghmara-Siju-William Nagar road<br />

Frequency of usage of the corridor by elephants : Regular; used by bulls <strong>and</strong> herds of 10–30<br />

Threats to the corridor:<br />

1. Slash <strong>and</strong> burn (Jhum) cultivation<br />

2. Aretika village in the corridor area <strong>and</strong> their biotic pressure<br />

3. Monoculture plantation of arecanut<br />

Conservation plan:<br />

1. Declaration, demarcation <strong>and</strong> legal protection of the corridor under various laws appropriate <strong>for</strong> the state<br />

2. Prohibiting destructive developmental activities in <strong>and</strong> around the Siju Wildlife Sanctuary.<br />

3. WTI is currently running a project seeking alternatives <strong>for</strong> reducing the dependence of Aretika village<br />

on the <strong>for</strong>ests.<br />

4. Improving <strong>for</strong>est cover in <strong>and</strong> around corridor<br />

5. Exploring the possibility of establishing a Community Reserve<br />

101


Fig. 11 Map of Siju -Rewak elephant corridor<br />

102 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

BEGHMARA-BALPHAKRAM<br />

Ecological Priority: High Conservation feasibility: Medium<br />

This corridor connecting Balpakram National Park with Baghmara Reserve Forest is vital in maintaining<br />

habitat contiguity of about 600 km2 of elephant habitat. Elephants, during their movement, generally pass<br />

through Dambuk, Jhongkhol, Dambuk Atong <strong>and</strong> Hathibhel villages. Presently, the corridor is safe but due to<br />

rich deposits of coal in this area, the corridor could be affected in future.<br />

Forest Division :Balpakram National Park<br />

Connectivity : Balpakram National Park with Baghmara Reserve Forest<br />

Geographical coordinates :<br />

Latitude 25º13'–25º17' N<br />

Longitude 90º43'–90º50' E<br />

Length: 6 km Width: 4.5 km<br />

Forest type/ Vegetation: Tropical evergreen <strong>for</strong>est with plantation<br />

Nearest PA: Balpakram National Park<br />

Legal status of the corridor: Clan l<strong>and</strong> (Aking l<strong>and</strong>)<br />

Major l<strong>and</strong>-use: Forest, plantation <strong>and</strong> agriculture (jhum)<br />

Major habitation/settlements in corridor:Halwa Atong (80 houses; one school), Dambuk Jongkhol (6 houses),<br />

Dambuk Atong (19 houses), Chitmang Gonggrot (60 houses) <strong>and</strong> Hatibhel (Agachikona) (21 houses, 1 school)<br />

Corridor dependent villages: Halwa Atong, Dambuk Jongkhol, Dambuk Atong, Chitmang Gonggrot <strong>and</strong><br />

Hatibhel (Agachikona)<br />

Human artefacts on the corridor: Road {Baghmara to Rongru Asim village (western side) <strong>and</strong> the road from<br />

Rongara town on the eastern side}<br />

Frequency of usage of the corridor by elephants: Regular; used by bulls <strong>and</strong> herds<br />

Threats to the corridor:<br />

1. Slash <strong>and</strong> burn (jhum) cultivation<br />

2. The possible mining of a rich deposit of coal<br />

3. Expansion of villages in the corridor <strong>for</strong>est<br />

4. Destruction of natural <strong>for</strong>est <strong>for</strong> plantation, more rapidly in recent years<br />

Conservation plan:<br />

1. Declaration, demarcation <strong>and</strong> legal protection of the corridor under various laws appropriate <strong>for</strong> the state<br />

2. Preventing the villagers from further <strong>for</strong>est destruction <strong>for</strong> monoculture plantation<br />

3. Prohibiting the destructive developmental activities in the area<br />

4. Prevention of potential mining of the area <strong>for</strong> coal<br />

5. Exploring the possibility of establishing a Community Reserve<br />

103


Fig. 12 Map of Siju -Balpakram elephant corridor<br />

104 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

SAIPUNG - NARPUH<br />

Ecological Priority: Low Conservation priority : Medium<br />

The corridor connects Saipung Reserve Forest with Narpuh II Reserve Forest <strong>and</strong> is bordering North Cachar<br />

Hills of Assam. Lynju <strong>and</strong> Sumleng rivers drains the corridor area. This habitat supports very few elephants. The<br />

l<strong>and</strong> is owned by two village Chiefs (Dolloi) viz., Saipung elaka <strong>and</strong> Sutnga elaka. At present the l<strong>and</strong> is leased<br />

to Biate tribe, a sub-tribe from Mizoram.<br />

Forest Division : Jaintia Hills<br />

Connectivity : Saipung Reserve Forest with Narpuh II Reserve Forest<br />

Geographical coordinates :<br />

Latitude 25º08'–25º13' N<br />

Longitude 92º33'–92º42' E<br />

Length: 10–11 km Width: 5 km<br />

Forest type/Vegetation: Tropical evergreen <strong>and</strong> moist deciduous with jhum patches<br />

Nearest PA: Barail Wildlife Sanctuary<br />

Legal status of the corridor: Private <strong>for</strong>est.<br />

Major l<strong>and</strong>-use: Agriculture (jhum) <strong>and</strong> settlements<br />

Major habitation/settlements in corridor: Khoingoi, Mulchang, Saitwal <strong>and</strong> Bombaithal with total of 40<br />

bamboo houses <strong>and</strong> a human population of 250<br />

Corridor dependent villages: Khoingoi, Mulchang, Saitwal <strong>and</strong> Bombaithal<br />

Human artefacts on the corridor: Nil<br />

Frequency of usage of the corridor by elephants: Occasional. About five to nine elephants use this corridor<br />

(A total of 11 elephants were counted in this corridor during the State Forest Department census of 2002)<br />

Threats to the corridor:<br />

1. Expansion of villages. There are about 40 houses with about 250 people<br />

which is not a major threat at present but can lead to one if not checked.<br />

Conservation plan :<br />

1. Declaration, demarcation <strong>and</strong> legal protection of the corridor under various laws appropriate <strong>for</strong> the state<br />

2. Seeking alternatives <strong>for</strong> the four villages (Khoingoi, Mulchang, Saitwal <strong>and</strong> Bombaithal)<br />

3. Exploring the possibility of establishing a Community Reserve<br />

Remarks: The Wildlife Division of Meghalaya has already proposed to acquire the corridor l<strong>and</strong> which<br />

can serve as an elephant corridor by notifying Saipung Reserve Forest, Narpuh Reserve Forest <strong>and</strong> the<br />

corridor area into a sanctuary.<br />

105


106 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Fig. 13 Map of Saipung- Narpuh elephant corridor


Securing the Siju – Rewak elephant<br />

corridor<br />

One of the crucial bottlenecks <strong>for</strong> the elephant in the<br />

Garo Hills Elephant Reserve is the narrow passage<br />

across the river Simsang that connects Siju Wildlife<br />

Sanctuary on the east bank of the river to Rewak<br />

Reserve Forest situated on the west bank (Williams &<br />

Johnsingh, 1996; Gurung <strong>and</strong> Lahiri-Choudhury,<br />

2000; Tiwari et al; 2005).<br />

The corridor is about 3.5 km long <strong>and</strong> two km<br />

wide. Elephants can cross the Simsang river only<br />

at three or four places where there are s<strong>and</strong>y<br />

stretches along the river; elsewhere the river is<br />

bounded by steep limestone cliffs <strong>and</strong> large<br />

boulder <strong>for</strong>mations along both the banks (Williams<br />

& Johnsingh, 1996). Only a part of the corridor<br />

<strong>for</strong>est is controlled by the <strong>for</strong>est department; the<br />

rest is under control of community. This corridor<br />

is an important passage <strong>for</strong> elephants from south<br />

Garo hills elephant range (Balpakram NP <strong>and</strong> Siju<br />

WLS) to Rewak Reserve Forest <strong>and</strong> then Imangiri<br />

Reserve Forest & Angratoli RF- Nokrek National<br />

Park ranges. In between the reserve <strong>for</strong>est are<br />

community <strong>for</strong>ests <strong>and</strong> private l<strong>and</strong>s (refer to fact<br />

sheet given above).<br />

A view of the corridor <strong>for</strong>est<br />

The major impediment in this corridor is the<br />

Arthika village (with 25 families) that lies in the<br />

corridor area across the eastern side of Simsang river<br />

<strong>and</strong> southern end of Siju WLS. With over 150<br />

individuals <strong>and</strong> increasing dem<strong>and</strong> of l<strong>and</strong> <strong>for</strong><br />

agriculture, plantation <strong>and</strong> settlement, a large <strong>for</strong>est<br />

area has been cleared off hindering the movement of<br />

elephants <strong>and</strong> other animals. Currently the elephant<br />

mainly moves from Siju WLS through Rongjak <strong>for</strong>est<br />

<strong>and</strong> crosses the Arthika village on its southern side<br />

(partly through Siju <strong>and</strong> partly Rewak Aking) be<strong>for</strong>e<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

crossing the Simsang river <strong>and</strong> entering the Rewak<br />

Reserve Forest.<br />

A cement plant was planned near the corridor area<br />

way back in 1996 covering 14 km 2 area with annual<br />

output of 573000 tonnes. This was stayed by the Hon.<br />

Supreme Court of India based on a PIL (Public<br />

Interest litigation).<br />

Realizing the importance of this corridor <strong>and</strong><br />

potential threats to the corridor, Wildlife Trust of<br />

India initiated a project in 2003 with an aim to secure<br />

the corridor by working with the local community.<br />

The approach included:<br />

Protecting the Rongjak <strong>for</strong>est under the<br />

control of community<br />

Acquiring l<strong>and</strong> in the bottleneck (between<br />

Arithika village <strong>and</strong> Simsang river) to<br />

completely secure the corridor<br />

Working with the community to reduce their<br />

dependency on <strong>for</strong>ests<br />

Monitoring the corridor <strong>for</strong> usage by<br />

elephants <strong>and</strong> other animals<br />

Protecting the Rongjak <strong>for</strong>est under the<br />

control of community<br />

The connectivity between Siju Wildlife Sanctuary <strong>and</strong><br />

the corridor l<strong>and</strong> near Arthika village is maintained<br />

through Rongjak <strong>for</strong>est area (Fig-8) Rongjak <strong>for</strong>est has<br />

mixed vegetation with dense undergrowth <strong>and</strong> serves<br />

as ideal passage <strong>for</strong> elephants. For the long-term<br />

conservation of this corridor, it was essential that<br />

some legal protection is provided to Rongjak. With<br />

this objective, discussion was initiated with the people<br />

of Arithika village <strong>and</strong> the Siju Nokma (Aking head)<br />

along with officials of state <strong>for</strong>est department. The<br />

villagers agreed in principle to protect the Rongjak<br />

<strong>for</strong>est to facilitate movement of animals but were<br />

initially quite reluctant to bring it under legal<br />

protection as they felt that it could curtail their right<br />

on the <strong>for</strong>est <strong>for</strong> future use. Various rounds of<br />

discussions were held with the villagers <strong>and</strong> Nokma<br />

which were also facilitated by the local member of<br />

District Council (MDC). A <strong>for</strong>mal request was also<br />

put be<strong>for</strong>e the chairman <strong>and</strong> other members of the<br />

Garo Hills Autonomous District Council (GHADC) in<br />

a workshop organized on June 30, 2006 where the<br />

members agreed to help WTI in protecting the<br />

elephant corridor <strong>and</strong> conservation of elephants in<br />

Garo Hills. Concomitantly, the Wildlife Trust of India<br />

also worked with the villagers from Arithika to<br />

reduce their dependency on <strong>for</strong>ests creating<br />

awareness about the importance of this corridor <strong>and</strong><br />

its role in reducing human-elephant conflict in the<br />

107


area. The Nokma <strong>and</strong> local community finally agreed<br />

to our proposal of legally protecting the Rongjak<br />

<strong>for</strong>est. After completing all <strong>for</strong>malities, the GHADC<br />

<strong>for</strong>mally notified the Rongjak <strong>for</strong>est as Siju-Aretika<br />

Village Reserve Forest vide letter CF.332/Vill-<br />

PF/87/1042-46 dated September 03, 2007 (Annexure-<br />

VIII). The total area registered as Reserve is approx.<br />

200 hectares. The Village Reserve Committee <strong>for</strong>med<br />

<strong>for</strong> the management of the Village Reserve along with<br />

Wildlife Department <strong>and</strong> Wildlife Trust of India has<br />

also adopted a strong resolution to protect this<br />

corridor <strong>for</strong> long-term conservation of elephants in<br />

the Garo Hills. Acquiring the l<strong>and</strong> in the bottleneck<br />

(between Arithika village <strong>and</strong> Simsang river) will<br />

completely secure the corridor<br />

The l<strong>and</strong> south of Arithika village between<br />

Rongjak <strong>for</strong>est <strong>and</strong> Simsang river has l<strong>and</strong> occupied<br />

by four families. This is the l<strong>and</strong> through which<br />

elephants pass after moving from Siju WLS <strong>and</strong><br />

Rongjak <strong>for</strong>est to Rewak Reserve <strong>for</strong>est. Of these,<br />

three areas originally belong to the Nokma (Village<br />

Head) but under the occupancy of three families of<br />

Aretika village <strong>and</strong> the <strong>for</strong>th l<strong>and</strong> legally (patta l<strong>and</strong>)<br />

belongs to a local person.<br />

Wildlife Trust of India is in consultation with these<br />

people <strong>and</strong> many of them have agreed to vacate the<br />

l<strong>and</strong> provided they area appropriately compensated.<br />

However, the elephants can still move further south<br />

of Aritika through the degraded <strong>for</strong>est patch <strong>and</strong> all<br />

ef<strong>for</strong>ts are being made to secure this patch of <strong>for</strong>est<br />

partly belonging to Siju Nokma <strong>and</strong> partially Rewak<br />

Nokma. WTI is also in consultation with <strong>and</strong><br />

negotiating <strong>for</strong> l<strong>and</strong>.<br />

Working with the community to reduce<br />

their dependency on <strong>for</strong>est<br />

The sustenance of people of Aretika is mostly <strong>for</strong>est<br />

based. Fishery also <strong>for</strong>ms an important source of<br />

livelihood. More than 50% of the population is<br />

illiterate. Only 1.5% of the population have studied till<br />

class IX <strong>and</strong> 33% (above 5 yrs) has primary education.<br />

Almost 80% of the working people are involved in<br />

agriculture <strong>and</strong> horticultural activities. Of the<br />

remaining population, 15% work as mining labourers<br />

<strong>and</strong> 5% in other industries. With increased mining in<br />

the region, the quality of water in Simsang river has<br />

also deteriorated <strong>and</strong> fish catch has reduced.<br />

For successful implementation of any conservation<br />

action <strong>and</strong> its long-term sustainability, it is very<br />

important that a holistic approach aimed at wildlife<br />

conservation as well as improving the living<br />

conditions of local people <strong>and</strong> reducing their<br />

dependency on <strong>for</strong>est is initiated. To strengthen the<br />

bond <strong>and</strong> assist the villagers of Arithika towards<br />

better life, WTI initiated the following measures that<br />

not only inspired them towards wildlife conservation<br />

but also helped them in improving their lifestyle.<br />

a) Medical camp<br />

Lack of medical facilities is a major problem in the area<br />

Fig. 14 Consultative meeting with Siju Nokma, villagers of Aritika, <strong>for</strong>est officials <strong>and</strong> WTI representatives<br />

108 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Fig. 15 Villagers signing resolution to protect the<br />

corridor <strong>for</strong>est<br />

where many people suffer from cerebral malaria<br />

(caused by Plasmodium falciparum), polio, tuberculosis<br />

(few cases) <strong>and</strong> few other diseases/ disorders. There is<br />

a Health Care Centre in Siju village which is about<br />

seven 7 km from the village <strong>and</strong> on other side of<br />

Simsang river with very basic medical facilities. During<br />

monsoon it becomes practically impossible to reach the<br />

health centre <strong>and</strong> this is also the time when cases of<br />

malaria are on rise. The villagers are also not fully aware<br />

of the latest family planning methods. Being a<br />

matriarchal society, proper guidance <strong>and</strong> assistance to<br />

the women folks would contribute in checking the<br />

population <strong>and</strong> reducing the exp<strong>and</strong>ing human<br />

pressure on the corridor <strong>and</strong> nearby <strong>for</strong>est. Thus, to<br />

improve the overall health of the people, two health<br />

camps were organized in June 2006 <strong>and</strong> June 2007<br />

where doctors from Tura volunteered their services.<br />

The overall health profile of about 70 people examined<br />

Fig. 16 Medical camp organised <strong>for</strong> Aritika Villagers<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

during the camp indicated that most people were<br />

infected with malaria. Other ailments affecting the<br />

population include hookworm infection, gastritis,<br />

peptic ulcer <strong>and</strong> dermatitis (Fig. 17).<br />

Fig. 17: Health profile of the people in Arthika village<br />

Many of the villagers were given medication <strong>for</strong><br />

minor ailments <strong>and</strong> those with chronic problem were<br />

advised future course of treatment. The health camp<br />

has really helped in rein<strong>for</strong>cing the faith of the<br />

villagers in WTI’s concern <strong>for</strong> the community while<br />

conserving the elephant corridor.<br />

b) Repair of school building <strong>and</strong><br />

teaching aids<br />

Proper educational infrastructure is also lacking in the<br />

village. There is a two room school <strong>and</strong> that too in a<br />

dilapidated condition. WTI believes that education<br />

<strong>and</strong> general awareness of the people can only<br />

contribute to long-term conservation of <strong>for</strong>est <strong>and</strong><br />

wildlife. As such financial assistance was provided<br />

<strong>and</strong> the school building was repaired <strong>and</strong> teaching aid<br />

provided.<br />

c) Livelihood support to reduce the<br />

dependency of local community on <strong>for</strong>est<br />

Various options were discussed with the villagers to<br />

support their livelihood <strong>and</strong> reduce dependency on <strong>for</strong>est.<br />

While exploring these options, it was very pertinent that<br />

the skill of the people is kept into consideration <strong>and</strong> so as<br />

their liking. Most of the people are in favour of piggery<br />

<strong>and</strong> WTI has planned to provide them with piglets, sty<br />

<strong>and</strong> feed. Other options are also being explored.<br />

109


Fig. 18 Piglets distributed among Aritika villagers to<br />

reduce dependency on <strong>for</strong>est<br />

Monitoring the corridor <strong>for</strong> usage by elephants<br />

<strong>and</strong> other animals<br />

Siju Wildlife Sanctuary with an area of 5.18 km 2<br />

characterized by dense semi-evergreen <strong>for</strong>ests is home<br />

to a large variety of animals. Along with Balphakram<br />

National Park (which is contiguous with Siju WLS), the<br />

area supports the highest concentration of elephants in<br />

the state (Gurung & Lahiri Choudhury, 2000). Elephants<br />

<strong>and</strong> tiger are the flagship species of the sanctuary. Others<br />

include the hoolock gibbon, capped langur <strong>and</strong> clouded<br />

leopard (state animal). The sanctuary supports 37<br />

species of mammals, 116 species of birds <strong>and</strong> about 18<br />

species of reptiles (Annexure IX; list of mammals).<br />

The corridor was monitored from March 2005 to<br />

February 2007 to see how this was being used by<br />

animals. This is crucial to assess the importance of the<br />

corridor specially taking into consideration the high cost<br />

involved <strong>for</strong> its securing. Data was collected on a predesigned<br />

<strong>for</strong>mat based on direct <strong>and</strong> indirect sighting.<br />

It was seen that a large number of animals were<br />

using the corridor. Major among the mammalian<br />

species includes elephants, wild boar, deer, capped<br />

langur, porcupines <strong>and</strong> even tigers. As seen in Fig.19,<br />

almost 75% of the corridor usage by the larger<br />

mammal is by elephants followed by wild boar (8.9%).<br />

Tigers were also seen using the corridor (1.94%).<br />

Seasonal variation in usage of corridor by elephants <strong>and</strong><br />

other animals was also analyzed. The elephants use the<br />

corridor almost regularly throughout the year (Fig 20)<br />

with slightly more usage during late winters <strong>and</strong> early<br />

summer. During monsoon the Simsang river is flooded<br />

<strong>and</strong> elephants could hardly cross it. Hence, they are<br />

Fig 19 <strong>Animal</strong> usage of the Siju-Aritika corridor in<br />

different season (March 2005 - February 2007)<br />

confined to Siju WLS <strong>and</strong> Balpakram NP. Also with onset<br />

of monsoon, the availability of grasses <strong>and</strong> bamboos<br />

increases throughout the Siju - Balphakram <strong>for</strong>est area<br />

<strong>and</strong> thus most of the elephants stay in these areas <strong>and</strong><br />

only disperse during late winter <strong>and</strong> summer when the<br />

resources are either over utilized or with ripening of the<br />

wet paddy in November-December (Anon, 2006) in<br />

Fig 20 Elephant usage of the corridor across the<br />

months from March 2005 - February 2007<br />

nearby jhum l<strong>and</strong>s. In summers, the water level is low<br />

<strong>and</strong> elephants easily cross Simsang river <strong>and</strong> move either<br />

ways.<br />

The corridor is being used by both solitary males <strong>and</strong><br />

herds <strong>and</strong> the herd size varied from three to nine<br />

elephants.<br />

There is no doubt that the corridor is being used by a<br />

large number of animal species <strong>and</strong> serves as an important<br />

conduit between the two populations on either side of<br />

Simsang river. This also justifies the intervention Wildlife<br />

Trust of India has initiated in this corridor <strong>for</strong> its securing.<br />

Working with Meghalaya <strong>for</strong>est department <strong>and</strong><br />

Garo Hills Autonomous District Council, Wildlife<br />

Trust of India will also make ef<strong>for</strong>ts to secure the<br />

other corridors in the area that will help minimize<br />

conflict <strong>and</strong> strengthen the long-term conservation of<br />

elephants in the state.<br />

110 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


References<br />

Anon (2006): Annual report of the wildlife team<br />

Meghalaya field office Samrakshan Trust<br />

2006-07<br />

Bera S.K., Basumatary S.K., AgarwalA. <strong>and</strong> Ahmed,<br />

M (2006). Conversion of <strong>for</strong>est l<strong>and</strong> in Garo<br />

Hills, Meghalaya <strong>for</strong> construction of roads: a<br />

threat to the environment <strong>and</strong> biodiversity.<br />

Current Science, 91(3): 281-284.<br />

Choudhury, A. (1999). Status <strong>and</strong> conservation of the<br />

Asian elephant Elephas maximus in northeastern<br />

India. Mammal Review 29(3): 141-<br />

173.<br />

Doak, D. F. <strong>and</strong> Mills. L.S. (1994). A useful role <strong>for</strong><br />

theory in conservation. Ecology 75: 615-626<br />

Fahrig, L. <strong>and</strong> Merriam, G. (1994). Conservation of<br />

Fragmented Populations. Conserv. Biol. 8: 50<br />

- 59.<br />

Gurung, S. <strong>and</strong> Lahiri Choudhury, D.K. (2000). Project<br />

Elephant-human conflict in Asia state report<br />

on Meghalaya, India. Part-I. Asian Elephant<br />

Research <strong>and</strong> Conservation Centre<br />

Gurung, S. <strong>and</strong> Lahiri Choudhury, D.K. (2001).<br />

Project: Elephant-human conflict in Asia<br />

state report on Meghalaya, India,.<br />

Community development-block reports.<br />

Part-II. Asian Elephant Research <strong>and</strong><br />

Conservation Centre<br />

http://meghalaya.nic.in/ - Official Website<br />

of the Government of Meghalaya.<br />

Marak, T. T. C. (2002). Status, distribution <strong>and</strong><br />

conservation of the Asian elephant (Elephas<br />

maximus) in Meghalaya. Indian Forester<br />

128(2): 155-160<br />

Martcot, B.G., Kumar, A., Roy, P.S. <strong>and</strong> Sawarkar,<br />

V.B. (2002). Towards a l<strong>and</strong>scape<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

conservation strategy: Analysis of Jhum<br />

l<strong>and</strong>scape <strong>and</strong> proposed corridors <strong>for</strong><br />

managing elephants in south Garo Hills <strong>and</strong><br />

Nokrek area, Meghalaya. Indian Forester<br />

128(2): 207-216<br />

Saunders, D.A. <strong>and</strong> Hobbs, R.J. (1991). The Role of<br />

<strong>Corridors</strong>, Surrey Beatty <strong>and</strong> Sons, Chipping<br />

Norton, New South Wales, Australia.<br />

Simberloff, D.S. (1988). The Contribution of<br />

Population <strong>and</strong> Community Biology to<br />

Conservation Science. Annual Review of<br />

Ecology <strong>and</strong> Systematics. 19: 473-511.<br />

Sjorgen, P. (1991). Extinction <strong>and</strong> isolation gradients<br />

in meta-populations; the case of the pool frog<br />

(Rana lessonae). Biological Journal of the<br />

Linnean Society 42: 135-147.<br />

Talukdar B.K. (2005). Current status of elephant<br />

conservation in Meghalaya <strong>and</strong> Arunachal<br />

Pradesh in Northeast India. Tigerpaper, 32(3):<br />

1-6.<br />

Tiwari, S.K., Karyong, Sunil S., Sarkar, P.,<br />

Choudhury, A. U. <strong>and</strong> Williams, A.C (2005).<br />

Elephant <strong>Corridors</strong> of North-eastern India.<br />

In. Menon, V., Tiwari, S.K., Easa, P.S. <strong>and</strong><br />

Sukumar, R. eds. Right of Passage: Elephant<br />

corridors of India. Wildlife Trust of India,<br />

New Delhi.<br />

Williams, A. C. <strong>and</strong> Johnsingh, A. J. T. (1996a). Status<br />

survey of elephants <strong>and</strong> their habitats in<br />

Garo Hills, north-east India. Gajah 16 : 43-60.<br />

Williams, A. C. <strong>and</strong> Johnsingh, A. J. T. (1996b).<br />

Threatened elephant corridors in Garo Hills,<br />

north-east India. Gajah 16 : 61-68.<br />

111


Selbalgre village (about 20 kms from district HQ<br />

Tura <strong>and</strong> on way to Williamnagar) in West Garo<br />

Hills has a small patch of <strong>for</strong>est under sacred grove<br />

which harbours a wide variety of flora <strong>and</strong> fauna. It is<br />

one of the few remaining abode of the Hoolock Gibbon<br />

(Hoolock hoolock )locally called as “Huro”, a Schedule I<br />

species in the state.<br />

Selbelgre was initially taken up <strong>for</strong> protection when<br />

WTI officials first visited the sacred grove on June 29,<br />

2006. This was followed by a series of meetings with<br />

Executive committee members of Garo Hills<br />

Autonomous District Council (GHADC) <strong>and</strong> villagers<br />

of Selbalgre discussing the need <strong>and</strong> benefit of<br />

protecting the <strong>for</strong>est patch in Selbalgre. Finally in a<br />

meeting on December 19, 2006 between all the three<br />

stakeholders, the villagers agreed to take up measures<br />

to protect the <strong>for</strong>est. This was followed by a general<br />

meeting on March 12, 2007 at the residence of Nokma<br />

Selbalgre to constitute a committee to declare the<br />

Fig.1 Hoolock Gibbon in the Selbalgre Village<br />

Reserve <strong>for</strong>es<br />

CHAPTER IX<br />

Joining the Gibbon canopies to restore<br />

the Nokrek l<strong>and</strong>scape<br />

Sunil Kyarong, Rahul Kaul, Vivek Menon <strong>and</strong> S<strong>and</strong>eep Kumar Tiwari<br />

<strong>for</strong>est areas near old village side as Village Reserve<br />

Forest. The following resolution was adopted during<br />

the meeting:<br />

To declare <strong>and</strong> register the Selbalgre <strong>for</strong>est area<br />

at Old village site as Village Reserve Forest.<br />

St<strong>and</strong>ing bamboo will only be extracted <strong>for</strong><br />

domestic use.<br />

Jhum fallows of the Reserve will be planted with<br />

native trees including fruiting trees <strong>and</strong> a<br />

nursery will also be created.<br />

In addition to Reserve <strong>for</strong>est area, 250m along<br />

Selbalgre stream from Selbalgre old village site<br />

to Nisimagre A’Khing will be covered under the<br />

Reserve<br />

All field work/activities will be executed by the<br />

Village Reserve Committee or the villagers of<br />

Selbalgre. Wages rates were also fixed<br />

If additional area is required in future, the<br />

matter will also be taken up in subsequent<br />

meetings.<br />

Fig. 2 A view of Selbalgre Village Reserve


Fig. 3 Dense vegetation in Selbalgre Village Reserve Forest<br />

Be<strong>for</strong>e declaration of the Village Reserve, it was<br />

important that the area is demarcated which was<br />

carried out by WTI <strong>and</strong> officials of GHADC. The<br />

<strong>for</strong>est was finally notified as Selbalgre Village<br />

Reserve Forest spread over 100 hectares area<br />

(Reg.No. 03/GHADC, dated 16th April, 2007) on<br />

April 06, 2007 vide Office Order No. CF.332/Vill-<br />

RF/87/52-57 (Fig. 5 &..6).<br />

The notification of the Village Reserve <strong>for</strong>est was<br />

<strong>for</strong>mally in<strong>for</strong>med to the villagers in a function<br />

organized on April 20, 2007 at Selbalgre village by<br />

GHADC in presence of representative from <strong>for</strong>est<br />

department, WTI, local people from Selbalgre <strong>and</strong><br />

neighbouring villages <strong>and</strong> press. The villagers have<br />

welcomed the move, since they understood that the<br />

improvement of vegetation cover will not only help in<br />

protecting the <strong>for</strong>est but will also improve water<br />

retention in the area.<br />

Since some part of the Reserve had ab<strong>and</strong>oned jhum<br />

l<strong>and</strong>, plantation was taken up in the opened area in<br />

three fallow plots totaling 10 hectares. Indigenous<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

species like Artocarpus heterophyllus (Jack fruit),<br />

Gmelina arborea (Gamari), Michelia champaca (Teta<br />

Champa), Syzygium cumini (Jamun) , Bahunia sp <strong>and</strong><br />

other local species were planted between July<br />

<strong>and</strong>August 2007. Subsequently de-weeding of the<br />

plantation was also carried out in December 2007.<br />

About 70% of the various fruiting <strong>and</strong> other<br />

indigenous trees planted have survived (Fig 4 - 8).<br />

To strengthen the livelihood of the people <strong>and</strong> as<br />

incentives to the villagers <strong>for</strong> protecting the <strong>for</strong>est,<br />

three fish pools were constructed <strong>for</strong> preservation of<br />

the endemic fish species inside Selbalgre VRF using<br />

only local available materials <strong>and</strong> with financial<br />

assistance from Wildlife Trust of India. This will not<br />

only help is easily availability of fishes <strong>for</strong> local<br />

consumption of the villagers but will also help to<br />

protect the catchments areas of the <strong>for</strong>est (Fig. 9).<br />

On December 18, 2007 the Selbalgre Village Reserve<br />

Forest Committee has passed a resolution to declare<br />

additional area of 100 hectares (Mostly jhum fallows)<br />

as extension of the Selbalgre Village Reserve Forest.<br />

113


Fig. 4 Notification of Selbalgre Village Reserve being released<br />

Fig. 5 WTI Coordinator Sunil Kyarong in Selbalgre VRF<br />

114 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


This was made possible after persistent sensitization<br />

of the villagers about the benefit of protecting the area<br />

<strong>and</strong> positive livelihood support to the villagers. An<br />

executive committee to oversee the activities of<br />

Selbalgre VRF has been <strong>for</strong>med with WTI as one of the<br />

member.<br />

Working with the local community, Garo Hills<br />

Autonomous Council <strong>and</strong> state <strong>for</strong>est department, the<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Wildlife Trust of India will make ef<strong>for</strong>t to protect<br />

further areas left fallow due to jhumming between<br />

Rongram <strong>and</strong> Nokrek to protect the natural <strong>for</strong>est <strong>and</strong><br />

other existing wildlife <strong>and</strong> could contribute to the<br />

development of eco-tourism in the region. This, we<br />

hope, will also facilitate easy movement of animals<br />

<strong>and</strong> help reduced interaction of wild animals with<br />

human <strong>and</strong> reduce conflict.<br />

Fig. 6 Jhummed fallow in Selbalgre VRF Fig. 7 Removing the weeds from recently planted<br />

areas of Selbalgre VRF<br />

Fig. 8 Signage fixed at Selbalgre Village Reserve Forest <strong>for</strong> awareness<br />

115


Fig. 9 Fishery tank being prepared <strong>for</strong> Selbalgre villagers<br />

Fig. 10 Selbelgre community assisted habitat restoration to link fragmented wildlife habitat in<br />

the Garo Hills<br />

116 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Background <strong>and</strong> Objective<br />

ANNEXURE I<br />

REPORT OF NATIONAL COMMISSION TO REVIEW<br />

THE WORKING OF THE CONSTITUTION<br />

9.22.1 The North Eastern region of India is one of its<br />

richest regions in terms of natural resources.<br />

It is also one of the most beautiful parts of<br />

India. However, a sense of alienation,<br />

misgovernance, corruption <strong>and</strong> under<br />

development are pervasive features of the<br />

region. To tackle the problems of this unique<br />

area <strong>and</strong> to preserve the democratic<br />

traditions <strong>and</strong> cultural diversity of its people,<br />

the framers of the Constitution conceived of<br />

the instrument of tribal self-rule. This st<strong>and</strong>s<br />

embodied in the Sixth Schedule to the<br />

Constitution. The drafting of this Schedule<br />

was done by a Sub-Committee on North East<br />

Frontier (Assam Tribal <strong>and</strong> excluded areas)<br />

of the Constituent Assembly headed by Shri<br />

Gopinath Bardoloi, the then Premier of<br />

Assam. The ef<strong>for</strong>t was to accommodate the<br />

collective aspirations of tribal communities<br />

within the broader framework of a<br />

democratic political system.<br />

9.22.2 The provisions of the Sixth Schedule are<br />

applicable to the administration of the tribal<br />

areas in the States of Assam, Meghalaya,<br />

Tripura <strong>and</strong> Mizoram. Arunachal Pradesh<br />

(earlier known as North Eastern Frontier<br />

Agency) was also part of the Sixth Schedule<br />

<strong>and</strong> was administered by the Governor of<br />

Assam. Assam (barring two districts<br />

covered by the Sixth Schedule), Arunachal<br />

Pradesh, Manipur <strong>and</strong> Sikkim have passed<br />

legislation bringing the local bodies under<br />

the provisions of the 73rd <strong>and</strong> 74th<br />

Amendments to the Constitution.<br />

9.22.3 The North Eastern part of India with its large<br />

number of tribal communities <strong>and</strong> emerging<br />

educated elites has self-governing village<br />

councils <strong>and</strong> organized tribal chiefdoms.<br />

Ef<strong>for</strong>ts are to be made to give all the States in<br />

this region the opportunities provided under<br />

Chapter: 9 Decentralization <strong>and</strong> Devolution<br />

D. Institutions in North East India<br />

the 73rd <strong>and</strong> 74th Constitution Amendments.<br />

However, this should be done with due<br />

regard to the unique traditions of the region<br />

<strong>and</strong> the genius of the people without<br />

tampering with their essential rights <strong>and</strong><br />

giving to each State the chance to use its own<br />

nomenclature <strong>for</strong> systems of governance<br />

which will have local acceptance.<br />

9.22.4 The Commission feels that our ef<strong>for</strong>ts must<br />

be to develop those instruments of political<br />

government to bring self-governance to the<br />

region <strong>and</strong> to calm the passions of divisive<br />

trends. The future of the North Eastern<br />

States hinges on choosing self-governance.<br />

During the last few decades, the system of<br />

local-governance promoted under the<br />

provisions of the Sixth Schedule has been<br />

seeking to guarantee political dominance<br />

<strong>for</strong> backward groups, better local<br />

governance at the community level, better<br />

economic development <strong>and</strong> ethnic security<br />

<strong>for</strong> those who feel threatened by large scale<br />

influx of illegal migrants <strong>and</strong> even settlers<br />

from other parts of India.<br />

9.22.5 The other regions of the country where<br />

there are large population of tribals are<br />

covered by the provisions of the Fifth<br />

Schedule. This is totally different from<br />

the Sixth Schedule States where the<br />

emphasis is on self-rule because many of<br />

the communities inhabiting these areas<br />

had ruled themselves until the British<br />

subjugated them in the 19th century. The<br />

issues of emotional, physical <strong>and</strong> political<br />

distance <strong>and</strong> alienation still remain.<br />

General recommendations<br />

9.23 After carefully studying the existing position<br />

of local self- governance in the various Northeastern<br />

States, the Commission makes the<br />

following general recommendations:-<br />

1 Report submitted on 31.3.2002 to the Government of India by Hon'ble Sri M.N. Venkatchaliah, <strong>for</strong>mer Chief Justice of India


(i) Careful steps should be taken to devolve<br />

political powers through the intermediate<br />

<strong>and</strong> local-Ievel traditional political<br />

organisations, provided their traditional<br />

practices carried out in a modern world do<br />

not deny legitimate democratic rights to any<br />

section in their contemporary society. The<br />

details of state-wise steps to devolve such<br />

powers will have to be carefully considered<br />

in a proper representative meeting of<br />

traditional leaders of each community,<br />

opinion builders of the respective<br />

communities <strong>and</strong> leaders of state <strong>and</strong><br />

national stature from these very groups. A<br />

hasty decision could have serious<br />

repercussions, un<strong>for</strong>eseen <strong>and</strong> un<strong>for</strong>tunate,<br />

which could further complicate <strong>and</strong> worsen<br />

the situation. To begin with, the subjects<br />

given under the Sixth Schedule <strong>and</strong> those<br />

mentioned in the Eleventh Schedule could<br />

be entrusted to the Autonomous District<br />

Councils (ADCs). The system of in-built<br />

safeguards in the Sixth Schedule, should be<br />

maintained <strong>and</strong> strengthened <strong>for</strong> the<br />

minority <strong>and</strong> micro-minority groups while<br />

empowering them with greater<br />

responsibilities <strong>and</strong> opportunities, <strong>for</strong><br />

example, through the process of Central<br />

funding <strong>for</strong> Plan expenditure instead of<br />

routing all funds through the State<br />

Governments. The North Eastern Council<br />

can play a central role here by developing a<br />

process of public education on the proposed<br />

changes, which would assure communities<br />

about protection of their traditions <strong>and</strong> also<br />

bring in gender representation <strong>and</strong> give<br />

voice to other ethnic groups.<br />

(ii) Traditional <strong>for</strong>ms of governance must be<br />

associated with self-governance because of<br />

the present dissatisfaction. However,<br />

positive democratic elements like gender<br />

justice <strong>and</strong> adult franchise should be built<br />

into these institutions to make them broader<br />

based <strong>and</strong> capable of dealing with a<br />

changing world.<br />

(iii) The implementation of centrally funded<br />

projects from various departments of the<br />

Union Government should be entrusted to<br />

the ADCs <strong>and</strong> to revived village councils<br />

with strict audit by the Comptroller <strong>and</strong><br />

Auditor-General of India.<br />

(iv) The process of protection of identity <strong>and</strong> the<br />

process of development <strong>and</strong> change are<br />

extremely sensitive. These twin processes<br />

need to be understood in the framework of<br />

a changing world <strong>and</strong> the role of all<br />

communities, small <strong>and</strong> large, in that world.<br />

There<strong>for</strong>e, the North Eastern Council<br />

should be m<strong>and</strong>ated to conduct an intensive<br />

programme of public awareness,<br />

sensitization <strong>and</strong> education through nongovernment<br />

organizations, State<br />

Governments, <strong>and</strong> its own structure to help<br />

bring about such an underst<strong>and</strong>ing of the<br />

proposals given below.<br />

(v) The provisions of the Anti-Defection Law in<br />

the proposed revised <strong>for</strong>m as now<br />

recommended by the Commission, vide<br />

paragraph 4.18.2 shall be made applicable to<br />

all the Sixth Schedule areas.<br />

(vi) Given the demographic imbalance which<br />

is taking place in the North-East as a<br />

result of illegal migration from across the<br />

borders, urgent legal steps are necessary<br />

<strong>for</strong> preventing such groups from entering<br />

electoral rolls <strong>and</strong> citizenship rolls of the<br />

country. The recommendations of this<br />

Commission <strong>for</strong> issuance of multipurpose<br />

identity cards to all Indian<br />

citizens be made m<strong>and</strong>atory <strong>for</strong> all Indian<br />

residents in the North East on a highpriority<br />

basis <strong>and</strong> the Citizenship Act<br />

should be reviewed to plug the loopholes<br />

which enable illegal settlers to become<br />

‘virtual’ citizens in a short span of time,<br />

using a network of touts, politicians <strong>and</strong><br />

officials.<br />

(vii) A National Immigration Council be set up<br />

under law to examine <strong>and</strong> report on a range<br />

of issues including Work Permits <strong>for</strong> legal<br />

migrants, Identity Cards <strong>for</strong> all residents<br />

<strong>and</strong> the enactment of a National Migration<br />

Law <strong>and</strong> a National Refugee Law, review of<br />

the Citizenship Act, the Illegal Migrants<br />

Determination by Tribunal Act <strong>and</strong> the<br />

Foreigners Act.<br />

(viii) Local communities be involved in the<br />

monitoring of our borders, in association<br />

with the local police <strong>and</strong> the Border Security<br />

Force.<br />

118 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Specific Statewise Recommendations<br />

9.24 In addition to the above, some specific<br />

re<strong>for</strong>ms are recommended by the<br />

Commission in regard to individual States in<br />

the North Eastern region of India.<br />

9.25 Nagal<strong>and</strong>: The case of Nagal<strong>and</strong> is quite<br />

different from the position of other North<br />

Eastern States in view of the provisions of<br />

article 371A of the Constitution inserted by<br />

the Constitution (Thirteenth Amendment)<br />

Act, 1962 <strong>and</strong> the Nagal<strong>and</strong> Tribe, Area,<br />

Range <strong>and</strong> Village Council Act, 1966. Article<br />

371A specifically provides that no Act of<br />

Parliament in respect of (i) religious or<br />

social practices of the Nagas, (ii) Naga<br />

customary law <strong>and</strong> procedure, (iii)<br />

administration of civil <strong>and</strong> criminal justice<br />

involving decisions according to Naga<br />

customary law; <strong>and</strong> (iv) ownership <strong>and</strong><br />

transfer of l<strong>and</strong> <strong>and</strong> its resources shall apply<br />

to the State unless the Legislative Assembly<br />

by a resolution so decides. In addition, the<br />

Governor of Nagal<strong>and</strong> has special powers<br />

to act with regard to internal disturbances,<br />

powers which are virtually<br />

unchallengeable. The Nagal<strong>and</strong> Tribe, Area,<br />

Range <strong>and</strong> Village Council Act, 1966<br />

provides <strong>for</strong> the creation of a tribal council<br />

<strong>for</strong> each tribe, an Area Council <strong>for</strong> Kohima<br />

<strong>and</strong> Dimapur, a Range Council where there<br />

is a recognized range in the Mokukchung<br />

<strong>and</strong> Kohima Districts <strong>and</strong> Village Councils<br />

<strong>for</strong> one or more villages in Kohima <strong>and</strong><br />

Mokukchung, wherever they may be<br />

deemed necessary by the Deputy<br />

Commissioner. The Village Development<br />

Board scheme was started in 1970s to enable<br />

village councils to function effectively <strong>and</strong><br />

with autonomy. The Village Development<br />

Boards are now receiving central funds <strong>and</strong><br />

about 1000 village development boards are<br />

functioning with assets totaling about<br />

twenty crores of rupees. The Commission<br />

elicited views of the State Government <strong>and</strong><br />

the general public as to how a long term<br />

settlement of the political issues of the Naga<br />

leadership could be arrived at <strong>and</strong> as to how<br />

much autonomy could be given to the local<br />

communities to promote self-governance<br />

<strong>and</strong> a sense of ownership. The Commission<br />

notices the ef<strong>for</strong>ts being made by the<br />

Government to arrive at a political solution.<br />

It is to be hoped that this process would<br />

contribute to peace <strong>and</strong> stability.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

The Commission recommends that in Nagal<strong>and</strong> -<br />

(1) Naga Councils be replaced by elected<br />

representatives of various Naga society<br />

groups with an intermediary tier at the<br />

district level.<br />

(2) Village Development Boards be less<br />

dependent on State <strong>and</strong> receive more<br />

Centrally-sponsored funds.<br />

9.26 Assam: The division of the composite State<br />

of Assam led to the drawing of new<br />

boundaries. The North Cachar hills subdivision<br />

of the United Mikir <strong>and</strong> Cachar<br />

Hills District was upgraded to a district in<br />

1970. The Mikir Hills District section was<br />

renamed as Karbi Anglong in 1976. Both<br />

the districts have Autonomous Councils.<br />

For each autonomous district, the Sixth<br />

Schedule provides <strong>for</strong> a District Council<br />

consisting of not more than 30 members <strong>for</strong><br />

a term of five years. The Governor<br />

nominates not more than four members to<br />

the Council while the others are elected on<br />

the basis of adult suffrage. The Chief<br />

Executive Member (CEM), the chairman<br />

<strong>and</strong> the deputy chairman (equivalent to<br />

Speaker <strong>and</strong> the deputy Speaker) are elected<br />

from among the Members <strong>and</strong> the CEM<br />

selects the other executive members.<br />

9.27 There are different internal rules <strong>for</strong><br />

different Autonomous District Councils. In<br />

some Councils like Mara in Mizoram, the<br />

electorate are eligible adults <strong>and</strong> in certain<br />

others like Karbi Anglong right to access to<br />

traditional l<strong>and</strong>s <strong>and</strong> length of stay in the<br />

region are regarded as qualifying criteria <strong>for</strong><br />

being included in the voters’ list <strong>for</strong> the<br />

ADCs.<br />

9.28 As regards Assam, the Commission<br />

recommends that (1) the Sixth Schedule<br />

should be extended to the Bodol<strong>and</strong><br />

Autonomous Council with protection <strong>for</strong><br />

non-tribal, non-Bodo groups, (2) other<br />

Autonomous Councils be upgraded to<br />

Auton omous Development Councils with<br />

more Central funds <strong>for</strong> infrastructure<br />

development; within the purview of the<br />

73rd Amendment but also using traditional<br />

governing systems at the village level.<br />

9.29 Meghalaya: In Meghalaya, the District<br />

Councils are dominated by the tribal<br />

119


communities. The major tribes of the State are Khasi,<br />

Jaintia <strong>and</strong> Garo. Besides District Councils, there are<br />

traditional ruling systems, namely, the Syiems (rajas)<br />

of the Khasi Hills. The Dolois of the Jaintia <strong>and</strong> the<br />

Nokmas of the Garos. Of these three, the Khasi<br />

traditional polity was regulated under a three tier<br />

system with the Durbar Shnong i.e., Village Council<br />

presided by the Rangbah Shnong (headman) at the<br />

base, the Durbar Hima i.e., State Assembly presided<br />

by the Syiem or the equivalent of a king at the apex.<br />

The Dolois of the Jaintia Hills <strong>and</strong> the Nokmas or<br />

traditional headmen of the Garos are not as well<br />

organized as the Syiemships. There are at present<br />

competing systems of authority each of which is<br />

seeking to serve or represent the same constituency<br />

<strong>and</strong> the system there<strong>for</strong>e requires streamlining as per<br />

the aspirations of the people. Trends towards<br />

militancy in the State can be discouraged through<br />

measures leading to self-governance. For this to<br />

happen, the traditional systems of governance will<br />

have to be included <strong>and</strong> given specific roles <strong>and</strong><br />

opportunities instead of being marginalized.<br />

As regards Meghalaya, the Commission makes the<br />

following recommendations:-<br />

(1) A tier of village governance to be created <strong>for</strong><br />

a village or a group of villages in the<br />

Autonomous District Councils, comprising of<br />

elected persons from the traditional systems<br />

plus from existing village councils with not<br />

more than 15 persons at each village unit.<br />

(2) At present, each of the Autonomous District<br />

Councils in Meghalaya consists of 30 seats. It<br />

is recommended that this number may be<br />

increased by 10 seats, i.e., to a total number of<br />

40 seats. Of the 10 additional seats, having<br />

regard to the non-representation of women<br />

<strong>and</strong> non-tribals, the Governor may nominate<br />

up to five members from these categories to<br />

each of the ADCs. The other five may be<br />

elected as follows:-<br />

By Syiems <strong>and</strong> Myntris, from among<br />

themselves to the Khasi Autonomous<br />

Council.<br />

By Dolois from among themselves to the<br />

Jaintia Autonomous District Council;<br />

<strong>and</strong><br />

By Nokmas from among themselves to<br />

the Garo Autonomous District Council.<br />

9.30 Tripura: In Tripura, the Tripura Tribal Areas<br />

Autonomous District Councils were <strong>for</strong>med<br />

in 1985 <strong>and</strong> every such Council has 28<br />

elected members <strong>and</strong> two members<br />

nominated on the basis of the Chief<br />

Executive Member’s recommendation by<br />

the Governor from among the Tribals.<br />

As regards Tripura, the Commission makes the<br />

following recommendations:-<br />

(1) The recommendations made by the<br />

Commission <strong>for</strong> other Autonomous Councils<br />

should also apply in respect of the<br />

Autonomous District Council(s) in Tripura.<br />

(2) The number of elected members in the<br />

Council should be increased from 28 to 32.<br />

(3) The number of nominated members should<br />

be increased to six from the current two. The<br />

existing non-tribal seats (currently, they have<br />

three elected seats) be converted to tribal<br />

seats. Three non-tribals may be nominated by<br />

the Governor <strong>and</strong> three tribal women may be<br />

nominated by the Chief Executive Member.<br />

9.31 Mizoram: In Mizoram, there are three<br />

Autonomous District Councils (ADCs),<br />

namely, the Lai, Mara <strong>and</strong> Chakma. The<br />

Chakma ADC has 13 elected members <strong>and</strong> 3<br />

nominated members. The Lai ADC has 23<br />

elected <strong>and</strong> 4 nominated members. The Mara<br />

ADC has 19 elected <strong>and</strong> 4 nominated members.<br />

As regards Mizoram, the Commission makes the<br />

following recommendations:-<br />

(1) An intermediary elected 30-member tier be<br />

developed at the district level in areas not<br />

covered by the Sixth Schedule, i.e.,excluding<br />

the Chakma, Lai <strong>and</strong> Mara District<br />

Autonomous Councils. There would thus be<br />

two tiers below the State Legislature: the<br />

District <strong>and</strong> the Village.<br />

(2) Village Councils in non-Scheduled areas be<br />

given more administrative <strong>and</strong> judicial<br />

powers; two or more villages be combined to<br />

<strong>for</strong>m one village council, given the small<br />

population in the State.<br />

120 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


(3) Consideration be given to groups seeking<br />

Sixth Schedule status, depending on viability<br />

of the dem<strong>and</strong>, including size of population,<br />

territorial <strong>and</strong> ethnic contiguity.<br />

(4) Central funding as outlined in general<br />

recommendations be provided to the ADCs.<br />

(5) Nominated seats <strong>for</strong> women, non-tribals <strong>and</strong><br />

Sixth Schedule tribes in non-scheduled area<br />

(not to exceed six over <strong>and</strong> above the size of<br />

the Councils, making a total of 36 members);<br />

current size of ADCs be increased to 30 with a<br />

similar provision <strong>for</strong> women <strong>and</strong> nonscheduled<br />

tribes.<br />

9.32 Manipur: Manipur has been seeking Sixth<br />

Schedule status <strong>for</strong> its hill areas <strong>and</strong> this<br />

request needs serious consideration. The<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Fig.1 Traditional musical instrument being played at a festival<br />

73rd <strong>and</strong> 74th Amendments are applicable<br />

to only those areas of Manipur which are in<br />

plains <strong>and</strong> these provisions are yet to be<br />

fully implemented.<br />

As regards Manipur, the Commission<br />

recommends that the provisions of the Sixth<br />

Schedule be extended to hill districts of the<br />

State. Also, the 73rd Amendment be<br />

implemented vigorously in the areas of the<br />

plains where, despite elections, the system<br />

is virtually non-existent.<br />

9.33 Arunachal Pradesh: Since the Government<br />

of Arunachal Pradesh has already<br />

implemented the provisions of the<br />

Constitution 73rd Amendment in toto, the<br />

Commission does not propose to make any<br />

recommendation in this regard.<br />

121


ANNEXURE II<br />

T.N. GODAVARMAN THIRUMULPAD<br />

VERSUS<br />

UNION OF INDIA & ORS.<br />

ENVIRONMENT AWARENESS FORUM<br />

VERSUS<br />

STATE OF J & K & ORS.<br />

Chief Justice, A S An<strong>and</strong> <strong>and</strong> B.N. Kirpal, JJ.<br />

(WP (C) No. 202/95 with WP (C) No. 171/96)<br />

North Eastern States - Transportation of Timber<br />

outside the State - Not feasible - Ban on Timber<br />

Trade - Neither feasible nor desirable in view of<br />

dependence of local people- Number to be<br />

regulated according to sustainability<br />

Saw Mills to be relocated in specified industrial<br />

zones - industrial requirement have to be<br />

subordinated to maintenance of ecology <strong>and</strong><br />

bonafide local needs - No fresh felling in<br />

Government, District Councils <strong>and</strong> Regional<br />

Councils - Fool proof institutional arrangements to<br />

be put in place under supervision of North-Eastern<br />

Council - Satellite office of Forest Survey of India<br />

to be set up at Shillong<br />

Disposal of felled timber - Report of High<br />

Powered Committee consider - Directions issued -<br />

Pricing of timber - existing royalty to be revised<br />

(Decided on 15.01.1998)<br />

upwardly - Licensing - Licenses given to wood<br />

based industries suspended - Wood based<br />

industries cleared by High Powered Committee to<br />

shift to industrialistics - complete moratorium on<br />

issue of new licenses <strong>for</strong> wood based industries -<br />

number of wood basedindustries to be determined<br />

on quantity of timber that can be sustainably<br />

harvested<br />

Forest Protection - Action Plan <strong>for</strong> intensive<br />

patrolling to be prepared by PCCF - Report to be<br />

submitted to Central Government - State<br />

Government to provide all facilities to strictly<br />

en<strong>for</strong>ce <strong>for</strong>est protection measures - Chief<br />

Secretary to review the same every six month<br />

Scientific Management of Forest - Working<br />

Plans <strong>for</strong> all Forest Divisions shall be prepared by<br />

State Government <strong>and</strong> approved<br />

1 Report submitted on 31.3.2002 to the Government of India by Hon'ble Sri M.N. Venkatchaliah, <strong>for</strong>mer Chief Justice of India


District Regional <strong>and</strong> Village Councils working<br />

schemes specified<br />

Ecologically sensitive area - States to identify in<br />

consultation with ICFRE, WII, NERIST, NEHU <strong>and</strong><br />

NGOs - areas to be totally excluded from<br />

exploitation - minimum extent to be 10% of total<br />

<strong>for</strong>est area in the State.<br />

Action against Officials - State Government’s to<br />

identify <strong>for</strong>est divisions where significant illegal<br />

felling have taken place - initiation of disciplinary/<br />

criminal proceedings against guilty Timber<br />

Extraction - Except in private plantations - to be<br />

done only by State agencies Local Laws <strong>and</strong><br />

Customs relating to <strong>for</strong>est - Concerned State<br />

Government to apply <strong>for</strong> modification of Court’s<br />

order.<br />

Arunachal Pradesh - Permit System abolished<br />

Proceeds from seize timber to be shade between<br />

State Government <strong>and</strong> Tribal Populations Wildlife<br />

<strong>and</strong> Biodiversity - States to ensure sufficient<br />

budgetary provisions Ministry of Environmental<br />

Forest to have liberty in issuing suitable directions<br />

consisting with order.<br />

Clarification - term ‘State Government to include<br />

District Councils<br />

Order<br />

Learned Attorney General submits that the<br />

perception of the Ministry of Environment <strong>and</strong><br />

Forests is as under:<br />

1. It has been estimated by the HPC that<br />

about 1.20 lakhs cubic meters of illicitly<br />

felled seized timber, belonging to the State<br />

Governments is lying in the <strong>for</strong>ests <strong>and</strong><br />

depots <strong>for</strong> varying periods of time between<br />

1 to 2 years <strong>and</strong> is thereby getting degraded<br />

on account of decay <strong>and</strong> rotting of the<br />

wood. It is necessary to dispose it off at the<br />

earliest to minimise any further loss in it<br />

monetary value. There is, in addition,<br />

considerable quantity of Timber claimed by<br />

the private industry <strong>and</strong> local people.<br />

List the matter on 20th January , 1998<br />

be<strong>for</strong>e a Bench consisting of Hon’ble Dr.<br />

Justice A.S. An<strong>and</strong>, Hon’ble Mr Justice B<br />

N Kirpal <strong>and</strong> Hon’ble Mr Justice V S<br />

Khare.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

In view of the approaching monsoon<br />

season (April 98) all such timber needs to<br />

be disposed off with urgency to save<br />

further loss in quality, as also in value,<br />

albeit with, proper checks <strong>and</strong> balances.<br />

North Eastern States<br />

2. Given the weak infrastructure in the<br />

North-eastern region, it does not seem<br />

feasible to transport such huge quantities<br />

of timber <strong>for</strong> auction in markets outside<br />

the region in a short time. Moreover, there<br />

would be uncertainty of the response in<br />

timber markets far away from the source<br />

of timber which has been subject to<br />

elements of degradation in varying<br />

degrees. There is also the likelihood of<br />

local resentment, in an otherwise sensitive<br />

area, it all such material is removed from<br />

the region without processing <strong>and</strong> value<br />

addition, which could be conceived as<br />

creating an adverse effect on the region’s<br />

economy.<br />

3. Even though the proliferation of wood-based<br />

industries has been the main cause of<br />

degradation of <strong>for</strong>ests in the North-Eastern<br />

States, considering the extent of <strong>for</strong>ests<br />

(64% of the geographical area) <strong>and</strong> the<br />

dependence of the local people on the<br />

<strong>for</strong>est resources in the region it is neither<br />

feasible, nor desirable, to ban completely<br />

either the timber trade or running of the<br />

wood based industries. However, their<br />

numbers <strong>and</strong> capacities were to be<br />

regulated qua the sustainable availability<br />

of <strong>for</strong>est produce <strong>and</strong> they are also<br />

required to be relocated in specified<br />

industrial zones. Moreover, the industrial<br />

requirements have to be subordinated to the<br />

maintenance of environment <strong>and</strong> ecology as<br />

well as bonafide local needs.<br />

4. There shall be no fresh fellings in the<br />

<strong>for</strong>ests belonging to the Government,<br />

District <strong>and</strong> Regional Councils till the<br />

disposal of their existing stocks of legal<br />

<strong>and</strong> illegal timber.<br />

5. In view of the multi-dimensional issues<br />

impinging upon <strong>for</strong>est protection,<br />

123


foolproof institutional arrangements need to<br />

be put in place, <strong>and</strong> made functional under the<br />

strict supervision of the North-East Council<br />

(NEC). Technical back stopping in the<br />

<strong>for</strong>estry matter will be provided by MoEF by<br />

opening a separate Cell in the Ministry under<br />

an officer of the rank of CCF <strong>and</strong> starting a<br />

satellite office of the Forest Survey of India at<br />

Shillong.<br />

We appreciate the perception of MoEF as<br />

reflected by the learned Attorney General.<br />

We have heard the Amicus Curiae, the<br />

Learned Attorney General <strong>and</strong> learned<br />

counsel <strong>for</strong> North Eastern states. In view of the<br />

report of the High Power Committee <strong>and</strong><br />

taking into account the factors which require<br />

an order to be made by the Court <strong>for</strong> disposal<br />

of the felled timber <strong>and</strong> ancillary matters<br />

which are lying in the North-Eastern States,<br />

we consider it appropriate to make the<br />

following order:-<br />

1. Disposal of timber shall commence only after<br />

the concerned Principal Chief Conservator of<br />

Forests irrevocably certifies that<br />

investigations of all felled timber in the State<br />

has been completed.<br />

2. As a first measure all inventories timber,<br />

including seized timber lying in the <strong>for</strong>est<br />

should be immediately transported to<br />

specified <strong>for</strong>est depots.<br />

3. All illegal/illicit timber found in<br />

possession of an offender or ab<strong>and</strong>oned in<br />

the <strong>for</strong>est shall be confiscated to the State<br />

Government <strong>and</strong> shall be disposed off in<br />

accordance with the procedure to be<br />

adopted <strong>for</strong> disposal of Government<br />

timber.<br />

4. Out of the seized timber, logs found<br />

suitable <strong>for</strong> manufacture of veneer <strong>and</strong><br />

plywood shall be processed by the State<br />

Governments within their own factories<br />

<strong>and</strong> by hiring such facilities. The finished<br />

product can be marketed freely.<br />

5. The remaining timber belonging to<br />

Government <strong>and</strong> District Councils shall<br />

be first offered <strong>for</strong> sale to Government<br />

Departments <strong>for</strong> their bonafide official<br />

use <strong>and</strong> the rest shall be sold in public<br />

auction or through sealed tenders after<br />

fixing floor price by an Expert Committee<br />

with a representative from the MoEF.<br />

Private timber owners whose stocks have<br />

been cleared by HPC shall have the option<br />

of selling the timber either in the auctions<br />

organized by the State Forest<br />

Departments/Forest Development<br />

Corporations or directly.<br />

6. The State Governments shall <strong>for</strong>mally notify<br />

industrial estates <strong>for</strong> locating the wood based<br />

industries units in consultation with the<br />

Ministry of Environment <strong>and</strong> Forests.<br />

Timber as per inventory cleared by<br />

HPC may be allowed to:<br />

(a) be converted/utilized if the unit is<br />

located within the notified<br />

industrial estate. As the relocation in<br />

proposed industrial estates may take<br />

some time, existing units with only<br />

legal stocks may convert this timber,<br />

as one time exception,<br />

notwithst<strong>and</strong>ing anything contained<br />

in para 12 hereunder, till such stocks<br />

last subject to the maximum period<br />

as per the norms prescribed by the<br />

High Power Committee (Vide their<br />

III report) or six months whichever<br />

is less. Any stock remaining<br />

thereafter shall rest in the State<br />

Government. However, fresh<br />

trees/timber will be allotted to these<br />

units only when they start<br />

functioning within the designated<br />

industrial estates. The territorial<br />

Deputy Conservator of<br />

Forests/Divisional Forest Officer<br />

shall be responsible <strong>for</strong> ensuring that<br />

such units process the legal stocks<br />

only <strong>and</strong> will closely monitor the<br />

various transit permits (inward <strong>and</strong><br />

outward) <strong>and</strong> maintenance of the<br />

prescribed records. All such records<br />

shall be countersigned (with date) by<br />

an officer not less than the rank of an<br />

Assistant Conservator of Forests.<br />

(b) allowed to be sold to other units<br />

which are located in these industrial<br />

124 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

estates subject to the condition that<br />

such transactions are routed through<br />

an authority notified/ constituted by<br />

the Principal Chief Conservator of<br />

Forests.<br />

(c) The State Governments shall ensure<br />

disposal of illegal timber be<strong>for</strong>e<br />

permitting the conversion/disposal<br />

of legal/authorized timber available<br />

with the wood based industries.<br />

8. Transportation of auctioned timber (as well<br />

as legal timber) including sawn timber<br />

outside the North Eastern Region shall only<br />

be done through railways under the strict<br />

supervision of the Forest Department. The<br />

Railway Board shall give priority <strong>for</strong><br />

providing rakes/wagons <strong>for</strong> such<br />

transportation.<br />

9. Modalities <strong>for</strong> transportation of<br />

timber/timber products <strong>and</strong> alternative<br />

modes in case of difficulties in<br />

transportation by Railways will be worked<br />

out by the State Governments in<br />

concurrence of the Ministry of<br />

Environment <strong>and</strong> Forests.<br />

10. Existing inventoried stock of timber<br />

originating from plantations in private <strong>and</strong><br />

community holdings in the States of<br />

Meghalaya, Mizoram, Tripura, Manipur<br />

<strong>and</strong> Nagal<strong>and</strong> may be disposed of by their<br />

owners under the relevant State laws <strong>and</strong><br />

rules. In States where such laws <strong>and</strong> rules<br />

do not exist, the necessary laws <strong>and</strong> rules<br />

may be framed within six months.<br />

Pricing of Timber<br />

11. The State Governments shall ensure that<br />

timber/<strong>for</strong>est produce is supplied to<br />

industries including Government<br />

Undertakings, at full market rate. The<br />

existing royalty shall be reviewed <strong>and</strong><br />

revised upwardly by a Committee<br />

constituted under the Chairmanship of<br />

Principal Chief Conservator of Forests<br />

with representatives from the concerned<br />

Departments <strong>and</strong> shall also include a<br />

representative of Ministry of<br />

Environment <strong>and</strong> Forest. The prices of<br />

Licensing<br />

timber <strong>for</strong> which royalty has not been<br />

realized in full shall also be reviewed by<br />

this Committee <strong>and</strong> the concerned<br />

industry shall be required to pay the<br />

revised price or the royalty (including<br />

surcharge, fee etc.) which ever is higher<br />

after deducting the part royalty already<br />

paid.<br />

12. Licensing given to all wood based<br />

industries shall st<strong>and</strong> suspended.<br />

13. Wood based industries which have been<br />

cleared by the High Power Committee<br />

without any penalty shall have the option<br />

to shift to industrial estates which shall be<br />

identified by the States within 45 days <strong>and</strong><br />

developed within six months thereafter.<br />

14. Units which have been penalized because<br />

they were found to exceed normal<br />

recovery norms, but were within 15% of<br />

the said norms will have right to approach<br />

the High Power Committee on or be<strong>for</strong>e<br />

9th February, 1998. The High Power<br />

Committee shall examine all relevant<br />

material in particular the income tax <strong>and</strong><br />

excise records <strong>for</strong> the proceeding three<br />

years. The High Power Committee shall<br />

dispose of all such applications within 45<br />

days thereafter <strong>and</strong> such mills may be<br />

granted licence if the High Power<br />

Committee finds that it is not against<br />

public interest so to do.<br />

15. Units which have not furnished<br />

details/in<strong>for</strong>mation to the High Power<br />

Committee so far or which have not been<br />

cleared by the High Power Committee, shall<br />

not be granted any licence <strong>and</strong> the stocks in<br />

their custody if any, shall be confiscated to<br />

the State Government. In case of leased mills<br />

belonging to corporations/trusts/<br />

cooperative societies owned/controlled/<br />

managed by the State Government <strong>and</strong><br />

where the lessees have been penalized by the<br />

High Power Committee, the leases shall<br />

st<strong>and</strong> revoked. Such mills shall, however, be<br />

eligible <strong>for</strong> relicencing subject to the<br />

condition that these mills are not leased out<br />

in future except to a entity fully owned by the<br />

Government.<br />

125


16. Units who do not want to shift to the<br />

designated industrial estates shall be allowed<br />

to wind up as per law.<br />

17. Hence<strong>for</strong>th, licenses of units shall be renewed<br />

annually only in those cases where no<br />

irregularity is detected.<br />

18. There shall be a complete moratorium on<br />

the issue of new licenses by the State<br />

Governments or any other authority <strong>for</strong><br />

the establishment of any new wood based<br />

industry <strong>for</strong> the next five years after which<br />

the situation shall be reviewed with the<br />

concurrence of Ministry of Environment<br />

<strong>and</strong> Forests.<br />

19. Number of wood based industries shall<br />

be determined strictly within the<br />

quantity of timber which can be felled<br />

annually on sustainable basis as<br />

determined by the approved working<br />

plans from time to time. If it is found<br />

that units after relocation in industrial<br />

estate have excess capacity then their<br />

capacities shall be reduced pro rata to<br />

remain within the sustainable levels.<br />

Forest Protection<br />

20. An action plan shall be prepared by the<br />

Principal Chief Conservator of<br />

Forests/Chief Forest Officer <strong>for</strong> intensive<br />

patrolling <strong>and</strong> other necessary protective<br />

measure to be undertaken in identified<br />

vulnerable areas <strong>and</strong> quarterly report shall<br />

be submitted to the Central Government<br />

<strong>for</strong> approval. The approved plan together<br />

with the modifications, if any, shall be<br />

acted upon.<br />

21. To ensure protection of the <strong>for</strong>est wealth<br />

the <strong>for</strong>est officers in the North Eastern<br />

States may be empowered with authority<br />

to investigate prosecute <strong>and</strong> confiscate<br />

on the lines of the powers conferred on<br />

the <strong>for</strong>est officers in many other States in<br />

the country.<br />

22. The State Governments shall be<br />

responsible <strong>for</strong> providing all facilities<br />

including security <strong>and</strong> police <strong>for</strong>ce to<br />

strictly en<strong>for</strong>ce <strong>for</strong>est protection<br />

measures to stop illicit felling, removal<br />

<strong>and</strong> utilizations of such timber. The Chief<br />

Secretary shall review the various matters<br />

concerning <strong>for</strong>est protection <strong>and</strong><br />

development in his State at least once<br />

every six months with senior <strong>for</strong>est<br />

officers up to the rank of Conservator of<br />

Forests, Regional Chief Conservator of<br />

Forests of MoEF shall be invited to all<br />

such meetings.<br />

Scientific Management of Forest<br />

23. Working Plans <strong>for</strong> all <strong>for</strong>est divisions shall<br />

be prepared by the State Governments <strong>and</strong><br />

got approved from the Government of India.<br />

Forest working shall be carried out strictly<br />

in accordance with the approved<br />

prescriptions of the working plans. The<br />

working plans should be prepared within a<br />

period of two years. During the<br />

interregnum the <strong>for</strong>ests shall be worked<br />

according to an annual felling programme<br />

approved by the MoEF which shall be<br />

incorporated in the concerned working<br />

plan. In case a working plan is not<br />

prepared within this time frame, future<br />

fellings will remain suspended till the<br />

regular working plan is prepared <strong>and</strong> get<br />

approved.<br />

24. The <strong>for</strong>ests under the District, Regional<br />

<strong>and</strong> Village Councils shall be worked in<br />

accordance with working schemes which<br />

shall specify both the programme <strong>for</strong><br />

regeneration <strong>and</strong> harvesting <strong>and</strong> whose<br />

period shall not be less than 5 years.<br />

25. The maximum permissible annual yield in<br />

the ad interim measures suggested above,<br />

shall not exceed the annual harvestable<br />

yield determined by Ministry of<br />

Environment <strong>and</strong> Forests. The plantations<br />

schemes raised on private <strong>and</strong> community<br />

holdings shall be excluded from these<br />

requirements but shall be regulated under<br />

respective State rules <strong>and</strong> regulations.<br />

26. The States shall identify ecologically<br />

sensitive areas in consultation with<br />

126 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


leading institutions like the Indian Council<br />

of Forestry Research <strong>and</strong> Education<br />

Wildlife Institute of India, North Eastern ill<br />

University, North Eastern Regional<br />

Institute of Science <strong>and</strong> Technology,<br />

leading NGOs, etc. <strong>and</strong> ensure that such<br />

areas are totally excluded from any kind of<br />

exploitation: The minimum extent of such<br />

areas shall be 10% of the total <strong>for</strong>est area in<br />

the state.<br />

Action against officials<br />

27. The State Government shall identify<br />

within 15 days all those <strong>for</strong>est divisions<br />

where significant illegal felling has taken<br />

place <strong>and</strong> initiate disciplinary/criminal<br />

proceedings against those found<br />

responsible. The first Action Taken Report<br />

(ATR) in this regard shall be submitted to<br />

the Central Government within three<br />

months which shall be followed by<br />

quarterly reports (Qrs.) till the culmination<br />

of the matter.<br />

28. Timber extracting in <strong>for</strong>ests irrespective of<br />

ownership except in private plantations,<br />

shall be carried out by a State agency only.<br />

The States shall endeavour to adopt<br />

pattern obtaining in the State of Himachal<br />

Pradesh as described in para 2, 5, 3 of the<br />

Rajamani Committee Report.<br />

If there be any local laws/customs relating to the<br />

<strong>for</strong>est in any State, the concerned State Government<br />

may apply to this Court <strong>for</strong> the needed modification, if<br />

any, with alternative proposal.<br />

29. The penalties levied on the wood based<br />

industries as ordered by the High Power<br />

Committee shall constitute the revolving<br />

fund to meet the expenses involved in<br />

collection <strong>and</strong> transportation of seized<br />

illegal timber. These can be augmented by<br />

utilizing the funds generated by the initial<br />

sales of illegal timber already available in<br />

the <strong>for</strong>est depots.<br />

30. Each State shall constitute a State level<br />

Expert Committee <strong>for</strong> matters concerning<br />

the preparation of Working plans, their<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

implementation, development of<br />

Industrial estates, shifting of industrial<br />

units to these estates, rules <strong>and</strong> regulations<br />

regarding the grant <strong>and</strong> renewal of<br />

licenses to wood based industry <strong>and</strong> other<br />

ancillary matters, under the chairmanship<br />

of Principal Chief Conservator of Forests<br />

<strong>and</strong> with a nominee of Ministry of<br />

environment <strong>and</strong> Forests as one of its<br />

members. Any decision of this Committee<br />

which is not acceptable to the State<br />

Government shall be referred to the<br />

Central Government.<br />

31. The existing permit system in Arunachal<br />

Pradesh shall st<strong>and</strong> abolished. The State<br />

Government may provide financial assistance<br />

in each or kind in the <strong>for</strong>m of timber only <strong>for</strong><br />

the bonafide use of the local tribals alone. Such<br />

concessional timber shall not be bartered<br />

or sold. Felling of trees <strong>for</strong> such purpose<br />

shall be carried out only by a Government<br />

agency.<br />

32. The total sale proceeds from the sale of<br />

seized timber, as well as timber products<br />

manufactured <strong>and</strong> disposed by the State<br />

Government (Vide para-1) <strong>and</strong> penalties<br />

would be credited to the State Revenues.<br />

Out of this, the State shall utilize one half of<br />

the amount <strong>for</strong> raising <strong>for</strong>est plantations by<br />

local tribal population <strong>and</strong> as assistance to<br />

the tribals. The remaining one half of the<br />

total sale proceeds, after deduction of the<br />

expense therefrom, would go to the State<br />

coffers <strong>for</strong> other developmental activities in<br />

the State.<br />

33. The States shall ensure that sufficient<br />

budgetary provisions are made <strong>for</strong> the<br />

preservation of biodiversity <strong>and</strong> protection<br />

of wildlife.<br />

34. To ensure that timber/<strong>for</strong>est produce<br />

smuggled across the border may not be<br />

used as a cover <strong>for</strong> trade in illegal timber,<br />

it is directed that all such timber seized by<br />

customs/Border Security Force should not be<br />

redeemed in favor of individuals who are<br />

smuggling it but should be confiscated <strong>and</strong><br />

h<strong>and</strong>ed over to the concerned State Forest<br />

Department along with offenders. Vehicles,<br />

127


tools <strong>and</strong> implements <strong>for</strong> prosecution under the<br />

relevant acts.<br />

35. For the proper <strong>and</strong> effective<br />

implementation of these orders, Ministry<br />

of Environment <strong>and</strong> Forests will have the<br />

liberty to issue suitable directions<br />

consistent with this order.<br />

36. Action taken report be filed by each State<br />

Government <strong>and</strong> the Ministry of<br />

Fig. 1 Pitcher plant in Garo hills<br />

Environment <strong>and</strong> Forest every two<br />

months.<br />

37. Liberty to apply <strong>for</strong> modification/<br />

clarification in case of need.<br />

(Note: In this order the term “State Government”<br />

would include District Council also except where the<br />

context implies otherwise.)<br />

128 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Autonomous districts <strong>and</strong> autonomous<br />

regions<br />

(1) Subject to the provisions of this paragraph,<br />

the tribal areas in each item of Parts I, II <strong>and</strong><br />

IIA <strong>and</strong> in Part III of the table appended to<br />

paragraph 20 of this Schedule shall be an<br />

autonomous district.<br />

(2) If there are different Scheduled Tribes in an<br />

autonomous district, the Governor may, by<br />

public notification, divide the area or areas<br />

inhabited by them into autonomous regions.<br />

(3) The Governor may, by public notification,<br />

(a) include any area in any of the Parts of the<br />

said table,<br />

(b) exclude any area from any of the Parts of<br />

the said table,<br />

(c) create a new autonomous district,<br />

(d) increase the area of any autonomous<br />

district,<br />

(e) diminish the area of any autonomous<br />

district,<br />

(f) unite two or more autonomous districts<br />

or parts thereof so as to <strong>for</strong>m one<br />

autonomous district,<br />

(g) alter the name of any autonomous<br />

district,<br />

(h) define the boundaries of any autonomous<br />

district:<br />

Provided that no order shall be made by the<br />

Governor under clauses (c), (d), (e) <strong>and</strong> (f) of this subparagraph<br />

except after consideration of the report of a<br />

Commission appointed under sub-paragraph (1) of<br />

paragraph 14 of this Schedule:<br />

ANNEXURE III<br />

SIX SCHEDULE<br />

[Articles 244(2) <strong>and</strong> 275(1)]<br />

Provisions as to the Administration of Tribal Areas in the<br />

States of Assam, Meghalaya, Tripura <strong>and</strong> Mizoram<br />

Provided further that any order made by the<br />

Governor under this sub-paragraph may contain such<br />

incidental <strong>and</strong> consequential provisions (including<br />

any amendment of paragraph 20 <strong>and</strong> of any item in<br />

any of the Parts of the said table) as appear to the<br />

Governor to be necessary <strong>for</strong> giving effect to the<br />

provisions of the order.<br />

Constitution of District Councils <strong>and</strong><br />

Regional Councils<br />

(1) There shall be a District Council <strong>for</strong> each<br />

autonomous district consisting of not more<br />

than thirty members, of whom not more than<br />

four persons shall be nominated by the<br />

Governor <strong>and</strong> the rest shall be elected on the<br />

basis of adult suffrage.<br />

(2) There shall be a separate Regional Council <strong>for</strong><br />

each area constituted an autonomous region<br />

under sub-paragraph (2) of paragraph 1 of<br />

this Schedule.<br />

(3) Each District Council <strong>and</strong> each Regional<br />

Council shall be a body corporate by the<br />

name respectively of “the District Council of<br />

(name of district)” <strong>and</strong> “the Regional Council<br />

of (name of region)”, shall have perpetual<br />

succession <strong>and</strong> a common seal <strong>and</strong> shall by<br />

the said name sue <strong>and</strong> be sued.<br />

(4) Subject to the provisions of this Schedule, the<br />

administration of an autonomous district<br />

shall, in so far as it is not vested under this<br />

Schedule in any Regional Council within such<br />

district, be vested in the District Council <strong>for</strong><br />

such district <strong>and</strong> the administration of an<br />

autonomous region shall be vested in the<br />

Regional Council <strong>for</strong> such region.<br />

(5) In an autonomous district with Regional<br />

Councils, the District Council shall have only<br />

such powers with respect to the areas under<br />

the authority of the Regional Council as may


e delegated to it by the Regional Council in<br />

addition to the powers conferred on it by this<br />

Schedule with respect to such areas.<br />

(6) The Governor shall make rules <strong>for</strong> the first<br />

constitution of District Councils <strong>and</strong> Regional<br />

Councils in consultation with the existing<br />

tribal Councils or other representative tribal<br />

organisations within the autonomous<br />

districts or regions concerned, <strong>and</strong> such rules<br />

shall provide <strong>for</strong><br />

(a) the composition of the District Councils<br />

<strong>and</strong> Regional Councils <strong>and</strong> the allocation<br />

of seats therein;<br />

(b) the delimitation of territorial<br />

constituencies <strong>for</strong> the purpose of elections<br />

to those Councils;<br />

(c) the qualifications <strong>for</strong> voting at such<br />

elections <strong>and</strong> the preparation of electoral<br />

rolls there<strong>for</strong>;<br />

(d) the qualifications <strong>for</strong> being elected at such<br />

elections as members of such Councils;<br />

(e) the term of office of members of Regional<br />

Councils;<br />

(f) any other matter relating to or connected<br />

with elections or nominations to such<br />

Councils;<br />

(g) the procedure <strong>and</strong> the conduct of<br />

business (including the power to act<br />

notwithst<strong>and</strong>ing any vacancy) in the<br />

District <strong>and</strong> Regional Councils;<br />

(h) the appointment of officers <strong>and</strong> staff of the<br />

District <strong>and</strong> Regional Councils.<br />

(6A) The elected members of the District Council<br />

shall hold office <strong>for</strong> a term of five years from<br />

the date appointed <strong>for</strong> the first meeting of the<br />

Council after the general elections to the<br />

Council, unless the District Council is sooner<br />

dissolved under paragraph 16 <strong>and</strong> a<br />

nominated member shall hold office at the<br />

pleasure of the Governor:<br />

Provided that the said period of five years may,<br />

while a Proclamation of Emergency is in<br />

operation or if circumstances exist which, in the<br />

opinion of the Governor, render the holding of<br />

elections impracticable, be extended by the<br />

Governor <strong>for</strong> a period not exceeding one year<br />

at a time <strong>and</strong> in any case where a Proclamation<br />

of Emergency is in operation not extending<br />

beyond a period of six months after the<br />

Proclamation has ceased to operate:<br />

Provided further that a member elected to fill<br />

a casual vacancy shall hold office only <strong>for</strong> the<br />

remainder of the term of office of the member<br />

whom he replaces.<br />

(7) The District or the Regional Council may after<br />

its first constitution make rules with the<br />

approval of the Governor with regard to the<br />

matters specified in sub-paragraph (6) of this<br />

paragraph <strong>and</strong> may also make rules with like<br />

approval regulating<br />

(a) the <strong>for</strong>mation of subordinate local<br />

Councils or Boards <strong>and</strong> their procedure<br />

<strong>and</strong> the conduct of their business; <strong>and</strong><br />

(b) generally all matters relating to the<br />

transaction of business pertaining to the<br />

administration of the district or region, as<br />

the case may be:<br />

Provided that until rules are made by the<br />

District or the Regional Council under this<br />

sub-paragraph the rules made by the<br />

Governor under sub-paragraph (6) of this<br />

paragraph shall have effect in respect of<br />

elections to, the officers <strong>and</strong> staff of, <strong>and</strong> the<br />

procedure <strong>and</strong> the conduct of business in,<br />

each such Council.<br />

Powers of the District Councils <strong>and</strong><br />

Regional Councils to make laws<br />

(1) The Regional Council <strong>for</strong> an autonomous<br />

region in respect of all areas within such<br />

region <strong>and</strong> the District Council <strong>for</strong> an<br />

autonomous district in respect of all areas<br />

within the district except those which are<br />

under the authority of Regional Councils, if<br />

any, within the district shall have power to<br />

make laws with respect to<br />

(a) the allotment, occupation or use, or the<br />

setting apart, of l<strong>and</strong>, other than any l<strong>and</strong><br />

which is a reserved <strong>for</strong>est <strong>for</strong> the<br />

purposes of agriculture or grazing or <strong>for</strong><br />

residential or other non-agricultural<br />

130 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


purposes or <strong>for</strong> any other purpose likely to<br />

promote the interests of the inhabitants of any<br />

village or town:<br />

Provided that nothing in such laws shall prevent<br />

the compulsory acquisition of any l<strong>and</strong>, whether<br />

occupied or unoccupied, <strong>for</strong> public purposes by the<br />

Government of the State concerned in accordance<br />

with the law <strong>for</strong> the time being in <strong>for</strong>ce authorising<br />

such acquisition;<br />

(b) the management of any <strong>for</strong>est not being a<br />

reserved <strong>for</strong>est;<br />

(c) the use of any canal or water-course <strong>for</strong><br />

the purpose of agriculture;<br />

(d) the regulation of the practice of jhum or<br />

other <strong>for</strong>ms of shifting cultivation;<br />

(e) the establishment of village or town<br />

committees or councils <strong>and</strong> their powers;<br />

(f) any other matter relating to village or<br />

town administration, including village or<br />

town police <strong>and</strong> public health <strong>and</strong><br />

sanitation;<br />

(g) the appointment or succession of Chiefs<br />

or Headmen;<br />

(h) the inheritance of property;<br />

(i) marriage <strong>and</strong> divorce;<br />

(j) social customs.<br />

(2) In this paragraph, a “reserved <strong>for</strong>est” means<br />

any area which is a reserved <strong>for</strong>est under the<br />

Assam Forest Regulation, 1891, or under any<br />

other law <strong>for</strong> the time being in <strong>for</strong>ce in the<br />

area in question.<br />

(3) All laws made under this paragraph shall be<br />

submitted <strong>for</strong>thwith to the Governor <strong>and</strong>,<br />

until assented to by him, shall have no effect.<br />

Administration of justice in autonomous<br />

districts <strong>and</strong> autonomous regions<br />

(1) The Regional Council <strong>for</strong> an autonomous<br />

region in respect of areas within such region<br />

<strong>and</strong> the District Council <strong>for</strong> an autonomous<br />

district in respect of areas within the district<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

other than those which are under the<br />

authority of the Regional Councils, if any,<br />

within the district may constitute village<br />

councils or courts <strong>for</strong> the trial of suits <strong>and</strong><br />

cases between the parties all of whom belong<br />

to Scheduled Tribes within such areas, other<br />

than suits <strong>and</strong> cases to which the provisions of<br />

sub-paragraph (1) of paragraph 5 of this<br />

Schedule apply, to the exclusion of any court<br />

in the State, <strong>and</strong> may appoint suitable persons<br />

to be members of such village councils or<br />

presiding officers of such courts, <strong>and</strong> may also<br />

appoint such officers as may be necessary <strong>for</strong><br />

the administration of the laws made under<br />

paragraph 3 of this Schedule.<br />

(2) Notwithst<strong>and</strong>ing anything in this Constitution,<br />

the Regional Council <strong>for</strong> an autonomous region<br />

or any court constituted in that behalf by the<br />

Regional Council or, if in respect of any area<br />

within an autonomous district there is no<br />

Regional Council, the District Council <strong>for</strong> such<br />

district, or any court constituted in that behalf by<br />

the District Council, shall exercise the powers of<br />

a court of appeal in respect of all suits <strong>and</strong> cases<br />

triable by a village council or court constituted<br />

under sub-paragraph (1) of this paragraph<br />

within such region or area, as the case may be,<br />

other than those to which the provisions of subparagraph<br />

(1) of paragraph 5 of this Schedule<br />

apply, <strong>and</strong> no other court except the High Court<br />

<strong>and</strong> the Supreme Court shall have jurisdiction<br />

over such suits or cases.<br />

(3) The High Court shall have <strong>and</strong> exercise such<br />

jurisdiction over the suits <strong>and</strong> cases to which<br />

the provisions of sub-paragraph (2) of this<br />

paragraph apply as the Governor may from<br />

time to time by order specify.<br />

(4) A Regional Council or District Council, as the<br />

case may be, may with the previous approval<br />

of the Governor make rules regulating<br />

(a) the constitution of village councils <strong>and</strong><br />

courts <strong>and</strong> the powers to be exercised by<br />

them under this paragraph;<br />

(b) the procedure to be followed by village<br />

councils or courts in the trial of suits <strong>and</strong><br />

cases under sub-paragraph (1) of this<br />

paragraph;<br />

(c) the procedure to be followed by the<br />

Regional or District Council or any court<br />

131


constituted by such Council in appeals<br />

<strong>and</strong> other proceedings under subparagraph<br />

(2) of this paragraph;<br />

(d) the en<strong>for</strong>cement of decisions <strong>and</strong> orders<br />

of such councils <strong>and</strong> courts;<br />

(e) all other ancillary matters <strong>for</strong> the carrying<br />

out of the provisions of sub-paragraphs<br />

(1) <strong>and</strong> (2) of this paragraph.<br />

(5) On <strong>and</strong> from such date as the President may,<br />

after consulting the Government of the State<br />

concerned, by notification appoint in this<br />

behalf, this paragraph shall have effect in<br />

relation to such autonomous district or region<br />

as may be specified in the notification, as if<br />

(i) in sub-paragraph (1), <strong>for</strong> the words<br />

“between the parties all of whom belong<br />

to Scheduled Tribes within such areas,<br />

other than suits <strong>and</strong> cases to which the<br />

provisions of sub-paragraph (1) of<br />

paragraph 5 of this Schedule apply,”, the<br />

words “not being suits <strong>and</strong> cases of the<br />

nature referred to in sub-paragraph (1) of<br />

paragraph (5) of this Schedule, which the<br />

Governor may specify in this behalf,” had<br />

been substituted;<br />

(ii) sub-paragraphs (2) <strong>and</strong> (3) had been<br />

omitted;<br />

(iii) in sub-paragraph (4)<br />

(a) <strong>for</strong> the words “A Regional Council or<br />

District Council, as the case may be, may<br />

with the previous approval of the<br />

Governor make rules regulating”, the<br />

words “the Governor may make rules<br />

regulating” had been substituted; <strong>and</strong><br />

(b) <strong>for</strong> clause (a), the following clause had<br />

been substituted, namely: “(a) the<br />

constitution of village councils <strong>and</strong><br />

courts, the powers to be exercised by<br />

them under this paragraph <strong>and</strong> the courts<br />

to which appeals from the decisions of<br />

village councils <strong>and</strong> courts shall lie;”;<br />

(c) <strong>for</strong> clause (c), the following clause had<br />

been substituted, namely: “(c) the transfer<br />

of appeals <strong>and</strong> other proceedings<br />

pending be<strong>for</strong>e the Regional or District<br />

Council or any court constituted by such<br />

Council immediately be<strong>for</strong>e the date<br />

appointed by the President under subparagraph<br />

(5);”; <strong>and</strong><br />

(d) in clause (e), <strong>for</strong> the words, brackets <strong>and</strong><br />

figures “sub-paragraphs (1) <strong>and</strong> (2)”, the<br />

word, brackets <strong>and</strong> figure “subparagraph<br />

(1)” had been substituted.<br />

Conferment of powers under the Code of<br />

Civil Procedure, 1908, <strong>and</strong> the Code of<br />

Criminal Procedure, 18981, on the Regional<br />

<strong>and</strong> District Councils <strong>and</strong> on certain courts<br />

<strong>and</strong> officers <strong>for</strong> the trial of certain suits, cases<br />

<strong>and</strong> offences<br />

(1) The Governor may, <strong>for</strong> the trial of suits or<br />

cases arising out of any law in <strong>for</strong>ce in any<br />

autonomous district or region being a law<br />

specified in that behalf by the Governor, or<br />

<strong>for</strong> the trial of offences punishable with death,<br />

transportation <strong>for</strong> life, or imprisonment <strong>for</strong> a<br />

term of not less than five years under the<br />

Indian Penal Code or under any other law <strong>for</strong><br />

the time being applicable to such district or<br />

region, confer on the District Council or the<br />

Regional Council having authority over such<br />

district or region or on courts constituted by<br />

such District Council or on any officer<br />

appointed in that behalf by the Governor,<br />

such powers under the Code of Civil<br />

Procedure, 1908, or, as the case may be, the<br />

Code of Criminal Procedure, 18981, as he<br />

deems appropriate, <strong>and</strong> thereupon the said<br />

Council, court or officer shall try the suits,<br />

cases or offences in exercise of the powers so<br />

conferred.<br />

(2) The Governor may withdraw or modify any<br />

of the powers conferred on a District Council,<br />

Regional Council, court or officer under subparagraph<br />

(1) of this paragraph.<br />

(3) Save as expressly provided in this paragraph,<br />

the Code of Civil Procedure, 1908, <strong>and</strong> the<br />

Code of Criminal Procedure, 18981, shall not<br />

apply to the trial of any suits, cases or offences<br />

in an autonomous district or in any<br />

autonomous region to which the provisions<br />

of this paragraph apply.<br />

(4) On <strong>and</strong> from the date appointed by the<br />

President under sub-paragraph (5) of<br />

132 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


paragraph 4 in relation to any autonomous<br />

district or autonomous region, nothing<br />

contained in this paragraph shall, in its<br />

application to that district or region, be<br />

deemed to authorise the Governor to confer<br />

on the District Council or Regional Council or<br />

on courts constituted by the District Council<br />

any of the powers referred to in subparagraph<br />

(1) of this paragraph.<br />

Powers of the District Council to<br />

establish primary schools, etc<br />

(1) The District Council <strong>for</strong> an autonomous<br />

district may establish, construct, or manage<br />

primary schools, dispensaries, markets, cattle<br />

pounds, ferries, fisheries, roads, road<br />

transport <strong>and</strong> waterways in the district <strong>and</strong><br />

may, with the previous approval of the<br />

Governor, make regulations <strong>for</strong> the<br />

regulation <strong>and</strong> control thereof <strong>and</strong>, in<br />

particular, may prescribe the language <strong>and</strong><br />

the manner in which primary education shall<br />

be imparted in the primary schools in the<br />

district.<br />

(2) The Governor may, with the consent of any<br />

District Council, entrust either conditionally<br />

or unconditionally to that Council or to its<br />

officers functions in relation to agriculture,<br />

animal husb<strong>and</strong>ry, community projects, cooperative<br />

societies, social welfare, village<br />

planning or any other matter to which the<br />

executive power of the State extends.<br />

District <strong>and</strong> Regional <strong>Fund</strong>s<br />

(1) There shall be constituted <strong>for</strong> each<br />

autonomous district, a District <strong>Fund</strong> <strong>and</strong> <strong>for</strong><br />

each autonomous region, a Regional <strong>Fund</strong> to<br />

which shall be credited all moneys received<br />

respectively by the District Council <strong>for</strong> that<br />

district <strong>and</strong> the Regional Council <strong>for</strong> that<br />

region in the course of the administration of<br />

such district or region, as the case may be, in<br />

accordance with the provisions of this<br />

Constitution.<br />

(2) The Governor may make rules <strong>for</strong> the<br />

management of the District <strong>Fund</strong>, or, as the<br />

case may be, the Regional <strong>Fund</strong> <strong>and</strong> <strong>for</strong> the<br />

procedure to be followed in respect of<br />

payment of money into the said <strong>Fund</strong>, the<br />

withdrawal of moneys therefrom, the custody<br />

of moneys therein <strong>and</strong> any other matter<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

connected with or ancillary to the matters<br />

a<strong>for</strong>esaid.<br />

(3) The accounts of the District Council or, as the<br />

case may be, the Regional Council shall be<br />

kept in such <strong>for</strong>m as the Comptroller <strong>and</strong><br />

Auditor-General of India may, with the<br />

approval of the President, prescribe.<br />

(4) The Comptroller <strong>and</strong> Auditor-General shall<br />

cause the accounts of the District <strong>and</strong> Regional<br />

Councils to be audited in such manner as he<br />

may think fit, <strong>and</strong> the reports of the<br />

Comptroller <strong>and</strong> Auditor-General relating to<br />

such accounts shall be submitted to the<br />

Governor who shall cause them to be laid<br />

be<strong>for</strong>e the Council.<br />

Powers to assess <strong>and</strong> collect l<strong>and</strong><br />

revenue <strong>and</strong> to impose taxes<br />

(1) The Regional Council <strong>for</strong> an autonomous<br />

region in respect of all l<strong>and</strong>s within such region<br />

<strong>and</strong> the District Council <strong>for</strong> an autonomous<br />

district in respect of all l<strong>and</strong>s within the district<br />

except those which are in the areas under the<br />

authority of Regional Councils, if any, within<br />

the district, shall have the power to assess <strong>and</strong><br />

collect revenue in respect of such l<strong>and</strong>s in<br />

accordance with the principles <strong>for</strong> the time<br />

being followed by the Government of the State<br />

in assessing l<strong>and</strong>s <strong>for</strong> the purpose of l<strong>and</strong><br />

revenue in the State generally.<br />

(2) The Regional Council <strong>for</strong> an autonomous<br />

region in respect of areas within such region<br />

<strong>and</strong> the District Council <strong>for</strong> an autonomous<br />

district in respect of all areas in the district<br />

except those which are under the authority of<br />

Regional Councils, if any, within the district,<br />

shall have power to levy <strong>and</strong> collect taxes on<br />

l<strong>and</strong>s <strong>and</strong> buildings, <strong>and</strong> tolls on persons<br />

resident within such areas.<br />

(3) The District Council <strong>for</strong> an autonomous<br />

district shall have the power to levy <strong>and</strong><br />

collect all or any of the following taxes within<br />

such district, that is to say —<br />

(a) taxes on professions, trades, callings <strong>and</strong><br />

employments;<br />

(b) taxes on animals, vehicles <strong>and</strong> boats;<br />

133


(c) taxes on the entry of goods into a market<br />

<strong>for</strong> sale therein, <strong>and</strong> tolls on passengers<br />

<strong>and</strong> goods carried in ferries; <strong>and</strong><br />

(d) taxes <strong>for</strong> the maintenance of schools,<br />

dispensaries or roads.<br />

(4) A Regional Council or District Council, as the<br />

case may be, may make regulations to<br />

provide <strong>for</strong> the levy <strong>and</strong> collection of any of<br />

the taxes specified in sub-paragraphs (2) <strong>and</strong><br />

(3) of this paragraph <strong>and</strong> every such<br />

regulation shall be submitted <strong>for</strong>thwith to the<br />

Governor <strong>and</strong>, until assented to by him, shall<br />

have no effect.<br />

Licences or leases <strong>for</strong> the purpose of<br />

prospecting <strong>for</strong>, or extraction of,<br />

minerals<br />

(1) Such share of the royalties accruing each year<br />

from licences or leases <strong>for</strong> the purpose of<br />

prospecting <strong>for</strong>, or the extraction of, minerals<br />

granted by the Government of the State in<br />

respect of any area within an autonomous<br />

district as may be agreed upon between the<br />

Government of the State <strong>and</strong> the District<br />

Council of such district shall be made over to<br />

that District Council.<br />

(2) If any dispute arises as to the share of such<br />

royalties to be made over to a District Council,<br />

it shall be referred to the Governor <strong>for</strong><br />

determination <strong>and</strong> the amount determined by<br />

the Governor in his discretion shall be<br />

deemed to be the amount payable under subparagraph<br />

(1) of this paragraph to the District<br />

Council <strong>and</strong> the decision of the Governor<br />

shall be final.<br />

Power of District Council to make<br />

regulations <strong>for</strong> the control of moneylending<br />

<strong>and</strong> trading by non-tribals<br />

(1) The District Council of an autonomous<br />

district may make regulations <strong>for</strong> the<br />

regulation <strong>and</strong> control of money-lending or<br />

trading within the district by persons other<br />

than Scheduled Tribes resident in the district.<br />

(2) In particular <strong>and</strong> without prejudice to the<br />

generality of the <strong>for</strong>egoing power, such<br />

regulations may—<br />

(a) prescribe that no one except the holder of<br />

a licence issued in that behalf shall carry<br />

on the business of money-lending;<br />

(b) prescribe the maximum rate of interest<br />

which may be charged or be recovered by<br />

a money-lender;<br />

(c) provide <strong>for</strong> the maintenance of accounts<br />

by money-lenders <strong>and</strong> <strong>for</strong> the inspection<br />

of such accounts by officers appointed in<br />

that behalf by the District Council;<br />

(d) prescribe that no person who is not a<br />

member of the Scheduled Tribes resident<br />

in the district shall carry on wholesale or<br />

retail business in any commodity except<br />

under a licence issued in that behalf by<br />

the District Council :<br />

Provided that no regulations may be made under<br />

this paragraph unless they are passed by a majority of<br />

not less than three-fourths of the total membership of<br />

the District Council:<br />

Provided further that it shall not be competent<br />

under any such regulations to refuse the grant of a<br />

licence to a money-lender or a trader who has been<br />

carrying on business within the district since be<strong>for</strong>e<br />

the time of the making of such regulations.<br />

(3) All regulations made under this paragraph<br />

shall be submitted <strong>for</strong>thwith to the Governor<br />

<strong>and</strong>, until assented to by him, shall have no<br />

effect.<br />

Publication of laws, rules <strong>and</strong><br />

regulations made under the Schedule.<br />

All laws, rules <strong>and</strong> regulations made under this<br />

Schedule by a District Council or a Regional Council<br />

shall be published <strong>for</strong>thwith in the Official Gazette of<br />

the State <strong>and</strong> shall on such publication have the <strong>for</strong>ce<br />

of law.<br />

Application of Acts of Parliament <strong>and</strong> of<br />

the Legislature of the State of Assam to<br />

autonomous districts <strong>and</strong> autonomous<br />

regions in the State of Assam.<br />

(1) Notwithst<strong>and</strong>ing anything in this<br />

Constitution<br />

(a) no Act of the Legislature of the State of<br />

134 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Assam in respect of any of the matters<br />

specified in paragraph 3 of this Schedule<br />

as matters with respect to which a<br />

District Council or a Regional Council<br />

may make laws, <strong>and</strong> no Act of the<br />

Legislature of the State of Assam<br />

prohibiting or restricting the<br />

consumption of any non-distilled<br />

alcoholic liquor shall apply to any<br />

autonomous district or autonomous<br />

region in that State unless in either case<br />

the District Council <strong>for</strong> such district or<br />

having jurisdiction over such region by<br />

public notification so directs, <strong>and</strong> the<br />

District Council in giving such direction<br />

with respect to any Act may direct that<br />

the Act shall in its application to such<br />

district or region or any part thereof have<br />

effect subject to such exceptions or<br />

modifications as it thinks fit;<br />

(b) the Governor may, by public notification,<br />

direct that any Act of Parliament or of the<br />

Legislature of the State of Assam to which<br />

the provisions of clause (a) of this subparagraph<br />

do not apply shall not apply to<br />

an autonomous district or an autonomous<br />

region in that State, or shall apply to such<br />

district or region or any part thereof<br />

subject to such exceptions or modifications<br />

as he may specify in the notification.<br />

(2) Any direction given under sub-paragraph (1) of<br />

this paragraph may be given so as to have<br />

retrospective effect.<br />

12A. Application of Acts of Parliament <strong>and</strong> of the<br />

Legislature of the State of Meghalaya to<br />

autonomous districts <strong>and</strong> autonomous regions<br />

in the State of Meghalaya.—Notwithst<strong>and</strong>ing<br />

anything in this Constitution,<br />

(a) if any provision of a law made by a<br />

District or Regional Council in the State of<br />

Meghalaya with respect to any matter<br />

specified in sub-paragraph (1) of<br />

paragraph 3 of this Schedule or if any<br />

provision of any regulation made by a<br />

District Council or a Regional Council in<br />

that State under paragraph 8 or<br />

paragraph 10 of this Schedule, is<br />

repugnant to any provision of a law made<br />

by the Legislature of the State of<br />

Meghalaya with respect to that matter,<br />

then, the law or regulation made by the<br />

District Council or, as the case may be,<br />

the Regional Council whether made<br />

be<strong>for</strong>e or after the law made by the<br />

Legislature of the State of Meghalaya,<br />

shall, to the extent of repugnancy, be void<br />

<strong>and</strong> the law made by the Legislature of<br />

the State of Meghalaya shall prevail;<br />

(b) the President may, with respect to any<br />

Act of Parliament, by notification, direct<br />

that it shall not apply to an autonomous<br />

district or an autonomous region in the<br />

State of Meghalaya, or shall apply to such<br />

district or region or any part thereof<br />

subject to such exceptions or<br />

modifications as he may specify in the<br />

notification <strong>and</strong> any such direction may<br />

be given so as to have retrospective effect.<br />

12AA. Application of Acts of Parliament <strong>and</strong> of<br />

the Legislature of the State of Tripura to<br />

the autonomous districts <strong>and</strong><br />

autonomous regions in the State of<br />

Tripura.—Notwithst<strong>and</strong>ing anything in<br />

this Constitution,—<br />

(a) no Act of the Legislature of the State of<br />

Tripura in respect of any of the matters<br />

specified in paragraph 3 of this Schedule<br />

as matters with respect to which a District<br />

Council or a Regional Council may make<br />

laws, <strong>and</strong> no Act of the Legislature of the<br />

State of Tripura prohibiting or restricting<br />

the consumption of any non-distilled<br />

alcoholic liquor shall apply to the<br />

autonomous district or an autonomous<br />

region in that State unless, in either case,<br />

the District Council <strong>for</strong> that district or<br />

having jurisdiction over such region by<br />

public notification so directs, <strong>and</strong> the<br />

District Council in giving such direction<br />

with respect to any Act may direct that<br />

the Act shall, in its application to that<br />

district or such region or any part thereof,<br />

have effect subject to such exceptions or<br />

modifications as it thinks fit;<br />

(b) the Governor may, by public notification,<br />

direct that any Act of the Legislature of<br />

the State of Tripura to which the<br />

provisions of clause (a) of this subparagraph<br />

do not apply, shall not apply to<br />

the autonomous district or any<br />

autonomous region in that State, or shall<br />

apply to that district or such region, or<br />

any part thereof, subject to such<br />

exceptions or modifications, as he may<br />

135


specify in the notification;<br />

(c) the President may, with respect to any<br />

Act of Parliament, by notification, direct<br />

that it shall not apply to the autonomous<br />

district or an autonomous region in the<br />

State of Tripura, or shall apply to such<br />

district or region or any part thereof,<br />

subject to such exceptions or<br />

modifications as he may specify in the<br />

notification <strong>and</strong> any such direction may<br />

be given so as to have retrospective effect.<br />

12B. Application of Acts of Parliament <strong>and</strong> of the<br />

Legislature of the State of Mizoram to<br />

autonomous districts <strong>and</strong> autonomous regions<br />

in the State of Mizoram.—Notwithst<strong>and</strong>ing<br />

anything in this Constitution,<br />

(a) no Act of the Legislature of the State of<br />

Mizoram in respect of any of the matters<br />

specified in paragraph 3 of this Schedule<br />

as matters with respect to which a District<br />

Council or a Regional Council may make<br />

laws, <strong>and</strong> no Act of the Legislature of the<br />

State of Mizoram prohibiting or<br />

restricting the consumption of any nondistilled<br />

alcoholic liquor shall apply to<br />

any autonomous district or autonomous<br />

region in that State unless, in either case,<br />

the District Council <strong>for</strong> such district or<br />

having jurisdiction over such region, by<br />

public notification, so directs, <strong>and</strong> the<br />

District Council, in giving such direction<br />

with respect to any Act, may direct that<br />

the Act shall, in its application to such<br />

district or region or any part thereof, have<br />

effect subject to such exceptions or<br />

modifications as it thinks fit;<br />

(b) the Governor may, by public notification,<br />

direct that any Act of the Legislature of<br />

the State of Mizoram to which the<br />

provisions of clause (a) of this subparagraph<br />

do not apply, shall not apply<br />

to an autonomous district or an<br />

autonomous region in that State, or shall<br />

apply to such district or region, or any<br />

part thereof, subject to such exceptions or<br />

modifications, as he may specify in the<br />

notification;<br />

(c) the President may, with respect to any<br />

Act of Parliament, by notification, direct<br />

that it shall not apply to an autonomous<br />

district or an autonomous region in the<br />

State of Mizoram, or shall apply to such<br />

district or region or any part thereof,<br />

subject to such exceptions or<br />

modifications as he may specify in the<br />

notification <strong>and</strong> any such direction may<br />

be given so as to have retrospective<br />

effect.<br />

Estimated receipts <strong>and</strong> expenditure<br />

pertaining to autonomous districts to be<br />

shown separately in the annual<br />

financial statement.<br />

The estimated receipts <strong>and</strong> expenditure pertaining to<br />

an autonomous district which are to be credited to, or<br />

is to be made from, the Consolidated <strong>Fund</strong> of the State<br />

shall be first placed be<strong>for</strong>e the District Council <strong>for</strong><br />

discussion <strong>and</strong> then after such discussion be shown<br />

separately in the annual financial statement of the<br />

State to be laid be<strong>for</strong>e the Legislature of the State<br />

under article 202.<br />

Appointment of Commission to inquire<br />

into <strong>and</strong> report on the administration of<br />

autonomous districts <strong>and</strong> autonomous<br />

regions<br />

(1) The Governor may at any time appoint a<br />

Commission to examine <strong>and</strong> report on any<br />

matter specified by him relating to the<br />

administration of the autonomous districts<br />

<strong>and</strong> autonomous regions in the State,<br />

including matters specified in clauses (c), (d),<br />

(e) <strong>and</strong> (f) of sub-paragraph (3) of paragraph 1<br />

of this Schedule, or may appoint a<br />

Commission to inquire into <strong>and</strong> report from<br />

time to time on the administration of<br />

autonomous districts <strong>and</strong> autonomous<br />

regions in the State generally <strong>and</strong> in particular<br />

on—<br />

(a) the provision of educational <strong>and</strong> medical<br />

facilities <strong>and</strong> communications in such<br />

districts <strong>and</strong> regions;<br />

(b) the need <strong>for</strong> any new or special<br />

legislation in respect of such districts <strong>and</strong><br />

regions; <strong>and</strong><br />

136 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


(c) the administration of the laws, rules <strong>and</strong><br />

regulations made by the District <strong>and</strong><br />

Regional Councils;<br />

<strong>and</strong> define the procedure to be followed<br />

by such Commission.<br />

(2) The report of every such Commission with<br />

the recommendations of the Governor with<br />

respect thereto shall be laid be<strong>for</strong>e the<br />

Legislature of the State by the Minister<br />

concerned together with an explanatory<br />

memor<strong>and</strong>um regarding the action proposed<br />

to be taken thereon by the Government of the<br />

State.<br />

(3) In allocating the business of the Government<br />

of the State among his Ministers the Governor<br />

may place one of his Ministers specially in<br />

charge of the welfare of the autonomous<br />

districts <strong>and</strong> autonomous regions in the State.<br />

Annulment or suspension of acts <strong>and</strong><br />

resolutions of District <strong>and</strong> Regional<br />

Councils<br />

(1) If at any time the Governor is satisfied that an<br />

act or resolution of a District or a Regional<br />

Council is likely to endanger the safety of<br />

India or is likely to be prejudicial to public<br />

order, he may annul or suspend such act or<br />

resolution <strong>and</strong> take such steps as he may<br />

consider necessary (including the suspension<br />

of the Council <strong>and</strong> the assumption to himself<br />

of all or any of the powers vested in or<br />

exercisable by the Council) to prevent the<br />

commission or continuance of such act, or the<br />

giving of effect to such resolution.<br />

(2) Any order made by the Governor under subparagraph<br />

(1) of this paragraph together with<br />

the reasons there<strong>for</strong> shall be laid be<strong>for</strong>e the<br />

Legislature of the State as soon as possible<br />

<strong>and</strong> the order shall, unless revoked by the<br />

Legislature of the State, continue in <strong>for</strong>ce <strong>for</strong> a<br />

period of twelve months from the date on<br />

which it was so made:<br />

Provided that if <strong>and</strong> so often as a resolution<br />

approving the continuance in <strong>for</strong>ce of such<br />

order is passed by the Legislature of the State,<br />

the order shall unless cancelled by the<br />

Governor continue in <strong>for</strong>ce <strong>for</strong> a further<br />

period of twelve months from the date on<br />

which under this paragraph it would<br />

otherwise have ceased to operate.<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Dissolution of a District or a<br />

Regional Council<br />

(1) The Governor may on the recommendation of<br />

a Commission appointed under paragraph 14<br />

of this Schedule by public notification order<br />

the dissolution of a District or a Regional<br />

Council, <strong>and</strong><br />

(a) direct that a fresh general election shall be<br />

held immediately <strong>for</strong> the reconstitution<br />

of the Council, or<br />

(b) subject to the previous approval of the<br />

Legislature of the State assume the<br />

administration of the area under the<br />

authority of such Council himself or place<br />

the administration of such area under the<br />

Commission appointed under the said<br />

paragraph or any other body considered<br />

suitable by him <strong>for</strong> a period not<br />

exceeding twelve months:<br />

Provided that when an order under clause (a) of this<br />

paragraph has been made, the Governor may take the<br />

action referred to in clause (b) of this paragraph with<br />

regard to the administration of the area in question<br />

pending the reconstitution of the Council on fresh<br />

general election:<br />

Provided further that no action shall be taken under<br />

clause (b) of this paragraph without giving the District<br />

or the Regional Council, as the case may be, an<br />

opportunity of placing its views be<strong>for</strong>e the Legislature<br />

of the State.<br />

(2) If at any time the Governor is satisfied that a<br />

situation has arisen in which the<br />

administration of an autonomous district or<br />

region cannot be carried on in accordance<br />

with the provisions of this Schedule, he may,<br />

by public notification, assume to himself all or<br />

any of the functions or powers vested in or<br />

exercisable by the District Council or, as the<br />

case may be, the Regional Council <strong>and</strong><br />

declare that such functions or powers shall be<br />

exercisable by such person or authority as he<br />

may specify in this behalf, <strong>for</strong> a period not<br />

exceeding six months:<br />

Provided that the Governor may by a further order<br />

or orders extend the operation of the initial order<br />

by a period not exceeding six months on each<br />

occasion.<br />

137


(3) Every order made under sub-paragraph (2) of<br />

this paragraph with the reasons there<strong>for</strong> shall<br />

be laid be<strong>for</strong>e the Legislature of the State <strong>and</strong><br />

shall cease to operate at the expiration of<br />

thirty days from the date on which the State<br />

Legislature first sits after the issue of the<br />

order, unless, be<strong>for</strong>e the expiry of that period<br />

it has been approved by that State<br />

Legislature.<br />

Exclusion of areas from autonomous<br />

districts in <strong>for</strong>ming constituencies in<br />

such districts.<br />

For the purposes of elections to the Legislative<br />

Assembly of Assam or Meghalaya or Tripura or<br />

Mizoram, the Governor may by order declare that any<br />

area within an autonomous district in the State of<br />

Assam or Meghalaya or Tripura or Mizoram, as the<br />

case may be, shall not <strong>for</strong>m part of any constituency to<br />

fill a seat or seats in the Assembly reserved <strong>for</strong> any<br />

such district but shall <strong>for</strong>m part of a constituency to<br />

fill a seat or seats in the Assembly not so reserved to<br />

be specified in the order.<br />

Transitional provisions<br />

(1) As soon as possible after the commencement<br />

of this Constitution the Governor shall take<br />

steps <strong>for</strong> the constitution of a District Council<br />

<strong>for</strong> each autonomous district in the State<br />

under this Schedule <strong>and</strong>, until a District<br />

Council is so constituted <strong>for</strong> an autonomous<br />

district, the administration of such district<br />

shall be vested in the Governor <strong>and</strong> the<br />

following provisions shall apply to the<br />

administration of the areas within such<br />

district instead of the <strong>for</strong>egoing provisions of<br />

this Schedule, namely:<br />

(a) no Act of Parliament or of the Legislature<br />

of the State shall apply to any such area<br />

unless the Governor by public<br />

notification so directs; <strong>and</strong> the Governor<br />

in giving such a direction with respect to<br />

any Act may direct that the Act shall, in<br />

its application to the area or to any<br />

specified part thereof, have effect subject<br />

to such exceptions or modifications as he<br />

thinks fit;<br />

(b) the Governor may make regulations <strong>for</strong><br />

the peace <strong>and</strong> good government of any<br />

such area <strong>and</strong> any regulations so made<br />

may repeal or amend any Act of<br />

Parliament or of the Legislature of the<br />

State or any existing law which is <strong>for</strong> the<br />

time being applicable to such area.<br />

(2) Any direction given by the Governor under<br />

clause (a) of sub-paragraph (1) of this<br />

paragraph may be given so as to have<br />

retrospective effect.<br />

(3) All regulations made under clause (b) of subparagraph<br />

(1) of this paragraph shall be<br />

submitted <strong>for</strong>thwith to the President <strong>and</strong>,<br />

until assented to by him, shall have no effect.<br />

Tribal areas<br />

(1) The areas specified in Parts I, II, IIA <strong>and</strong> III of<br />

the table below shall respectively be the tribal<br />

areas within the State of Assam, the State of<br />

Meghalaya, the State of Tripura <strong>and</strong> the State<br />

of Mizoram.<br />

(2) Any reference in Part I, Part II or Part III of the<br />

table below to any district shall be construed as<br />

a reference to the territories comprised within<br />

the autonomous district of that name existing<br />

immediately be<strong>for</strong>e the day appointed under<br />

clause (b) of section 2 of the North-Eastern<br />

Areas (Reorganisation) Act, 1971:<br />

Provided that <strong>for</strong> the purposes of clauses (e) <strong>and</strong> (f)<br />

of sub-paragraph (1) of paragraph 3, paragraph 4,<br />

paragraph 5, paragraph 6, sub-paragraph (2), clauses<br />

(a), (b) <strong>and</strong> (d) of sub-paragraph<br />

(3) <strong>and</strong> sub-paragraph (4) of paragraph 8 <strong>and</strong><br />

clause (d) of sub-paragraph (2) of paragraph<br />

10 of this Schedule, no part of the area<br />

comprised within the municipality of<br />

Shillong shall be deemed to be within the<br />

Khasi Hills District.<br />

(4) The reference in Part IIA in the table below to<br />

the "Tripura Tribal Areas District" shall be<br />

construed as a reference to the territory<br />

comprising the tribal areas specified in the<br />

First Schedule to the Tripura Tribal Areas<br />

Autonomous District Council Act, 1979.<br />

TABLE<br />

PART I<br />

1. The North Cachar Hills District.<br />

2. The Karbi Anglong District.<br />

138 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

3. The Bodol<strong>and</strong> Territorial<br />

Areas District.<br />

PART II<br />

1. Khasi Hills District.<br />

2. Jaintia Hills District.<br />

3. The Garo Hills District.<br />

PART IIA<br />

Tripura Tribal Areas District<br />

PART III<br />

1. The Chakma District.<br />

2. The Mara District.<br />

3. The Lai District.<br />

20A. Dissolution of the Mizo District Council<br />

(1) Notwithst<strong>and</strong>ing anything in this Schedule,<br />

the District Council of the Mizo District<br />

existing immediately be<strong>for</strong>e the prescribed<br />

date (hereinafter referred to as the Mizo<br />

District Council) shall st<strong>and</strong> dissolved <strong>and</strong><br />

cease to exist.<br />

(2) The Administrator of the Union territory of<br />

Mizoram may, by one or more orders,<br />

provide <strong>for</strong> all or any of the following<br />

matters, namely:—<br />

(a) the transfer, in whole or in part, of the<br />

assets, rights <strong>and</strong> liabilities of the Mizo<br />

District Council (including the rights <strong>and</strong><br />

liabilities under any contract made by it) to<br />

the Union or to any other authority;<br />

(b) the substitution of the Union or any other<br />

authority <strong>for</strong> the Mizo District Council, or<br />

the addition of the Union or any other<br />

authority, as a party to any legal<br />

proceedings to which the Mizo District<br />

Council is a party;<br />

(c) the transfer or re-employment of any<br />

employees of the Mizo District Council to<br />

or by the Union or any other authority,<br />

the terms <strong>and</strong> conditions of service<br />

applicable to such employees after such<br />

transfer or re-employment;<br />

(d) the continuance of any laws, made by the<br />

Mizo District Council <strong>and</strong> in <strong>for</strong>ce<br />

immediately be<strong>for</strong>e its dissolution,<br />

subject to such adaptations <strong>and</strong><br />

modifications, whether by way of repeal<br />

or amendment, as the Administrator may<br />

make in this behalf, until such laws are<br />

altered, repealed or amended by a<br />

competent Legislature or other<br />

competent authority;<br />

(e) such incidental, consequential <strong>and</strong><br />

supplementary matters as the<br />

Administrator considers necessary.<br />

Explanation.—In this paragraph <strong>and</strong> in<br />

paragraph 20B of this Schedule, the<br />

expression "prescribed date" means the<br />

date on which the Legislative Assembly<br />

of the Union territory of Mizoram is duly<br />

constituted under <strong>and</strong> in accordance with<br />

the provisions of the Government of<br />

Union Territories Act, 1963.<br />

20B. Autonomous regions in the Union territory of<br />

Mizoram to be autonomous districts <strong>and</strong><br />

transitory provisions consequent thereto<br />

(1) Notwithst<strong>and</strong>ing anything in this Schedule,<br />

(a) every autonomous region existing<br />

immediately be<strong>for</strong>e the prescribed date in<br />

the Union territory of Mizoram shall, on<br />

<strong>and</strong> from that date, be an autonomous<br />

district in that Union territory (hereafter<br />

referred to as the corresponding new<br />

district) <strong>and</strong> the Administrator thereof<br />

may, by one or more orders, direct that<br />

such consequential amendments as are<br />

necessary to give effect to the provisions<br />

of this clause shall be made in paragraph<br />

20 of this Schedule (including Part III of<br />

the table appended to that paragraph)<br />

<strong>and</strong> thereupon the said paragraph <strong>and</strong><br />

the said Part III shall be deemed to have<br />

been amended accordingly;<br />

(b) every Regional Council of an autonomous<br />

region in the Union territory of Mizoram<br />

existing immediately be<strong>for</strong>e the<br />

prescribed date (hereafter referred to as<br />

the existing Regional Council) shall, on<br />

<strong>and</strong> from that date <strong>and</strong> until a District<br />

Council is duly constituted <strong>for</strong> the<br />

corresponding new district, be deemed to<br />

be the District Council of that district<br />

(hereafter referred to as the corresponding<br />

new District Council).<br />

139


(2) Every member whether elected or nominated<br />

of an existing Regional Council shall be<br />

deemed to have been elected or, as the case<br />

may be, nominated to the corresponding new<br />

District Council <strong>and</strong> shall hold office until a<br />

District Council is duly constituted <strong>for</strong> the<br />

corresponding new district under this<br />

Schedule.<br />

(3) Until rules are made under sub-paragraph (7)<br />

of paragraph 2 <strong>and</strong> sub-paragraph (4) of<br />

paragraph 4 of this Schedule by the<br />

corresponding new District Council, the rules<br />

made under the said provisions by the<br />

existing Regional Council <strong>and</strong> in <strong>for</strong>ce<br />

immediately be<strong>for</strong>e the prescribed date shall<br />

have effect in relation to the corresponding<br />

new District Council subject to such<br />

adaptations <strong>and</strong> modifications as may be<br />

made therein by the Administrator of the<br />

Union territory of Mizoram.<br />

(4) The Administrator of the Union territory of<br />

Mizoram may, by one or more orders,<br />

provide <strong>for</strong> all or any of the following<br />

matters, namely:—<br />

(a) the transfer in whole or in part of the assets,<br />

rights <strong>and</strong> liabilities of the existing Regional<br />

Council (including the rights <strong>and</strong> liabilities<br />

under any contract made by it) to the<br />

corresponding new District Council;<br />

(b) the substitution of the corresponding new<br />

District Council <strong>for</strong> the existing Regional<br />

Council as a party to the legal<br />

proceedings to which the existing<br />

Regional Council is a party;<br />

(c) the transfer or re-employment of any<br />

employees of the existing Regional<br />

Council to or by the corresponding new<br />

District Council, the terms <strong>and</strong> conditions<br />

of service applicable to such employees<br />

after such transfer or re-employment;<br />

(d) the continuance of any laws made by the<br />

existing Regional Council <strong>and</strong> in <strong>for</strong>ce<br />

immediately be<strong>for</strong>e the prescribed date,<br />

subject to such adaptations <strong>and</strong><br />

modifications, whether by way of repeal<br />

or amendment, as the Administrator may<br />

make in this behalf until such laws are<br />

altered, repealed or amended by a<br />

competent Legislature or other<br />

competent authority;<br />

(e) such incidental, consequential <strong>and</strong><br />

supplementary matters as the<br />

Administrator considers necessary.<br />

20C. Interpretation.-Subject to any provision made<br />

in this behalf, the provisions of this Schedule<br />

shall, in their application to the Union<br />

territory of Mizoram, have effect-<br />

(1) as if references to the Governor <strong>and</strong><br />

Government of the State were references to<br />

the Administrator of the Union territory<br />

appointed under article 239, references to<br />

State (except in the expression "Government<br />

of the State") were references to the Union<br />

territory of Mizoram <strong>and</strong> references to the<br />

State Legislature were references to the<br />

Legislative Assembly of the Union territory of<br />

Mizoram;<br />

(2) as if<br />

(a) in sub-paragraph (5) of paragraph 4, the<br />

provision <strong>for</strong> consultation with the<br />

Government of the State concerned had<br />

been omitted;<br />

(b) in sub-paragraph (2) of paragraph 6, <strong>for</strong><br />

the words "to which the executive power<br />

of the State extends", the words "with<br />

respect to which the Legislative<br />

Assembly of the Union territory of<br />

Mizoram has power to make laws" had<br />

been substituted;<br />

(c) in paragraph 13, the words <strong>and</strong> figures<br />

"under article 202" had been omitted.<br />

Amendment of the Schedule<br />

(1) Parliament may from time to time by law<br />

amend by way of addition, variation or repeal<br />

any of the provisions of this Schedule <strong>and</strong>,<br />

when the Schedule is so amended, any<br />

reference to this Schedule in this Constitution<br />

140 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


shall be construed as a reference to such<br />

Schedule as so amended.<br />

(2) No such law as is mentioned in subparagraph<br />

(1) of this paragraph shall be<br />

deemed to be an amendment of this<br />

Constitution <strong>for</strong> the purposes of artic<br />

Endnotes<br />

[1] Paragraph 1 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 2003 (44 of 2003),s. 2 , so as to insert the<br />

following provison after sub-paragraph (2),<br />

namely: "Provided that nothing in this subparagraph<br />

shall apply to the Bodol<strong>and</strong><br />

Territorial Areas District."\<br />

[2] Paragraph 2 has been amended in its<br />

application to the State of Assam by s. 2,ibid.,<br />

so as to insert the following proviso after subparagraph<br />

(1), namely: - "Provided that the<br />

Bodol<strong>and</strong> Territorial Council shall consist of<br />

not more than <strong>for</strong>ty-six members of whom<br />

<strong>for</strong>ty shall be elected on the basis of adult<br />

suffrage, of whom thirty shall be reserved <strong>for</strong><br />

the Scheduled Tribes, five <strong>for</strong> non-tribal<br />

communities, five open <strong>for</strong> all communities<br />

<strong>and</strong> the remaining six shall be nominated by<br />

the Governor having same rights <strong>and</strong><br />

privileges as other members, including voting<br />

rights, from amongst the un-represented<br />

communities of the Bodol<strong>and</strong> Territorial<br />

Areas District, of which at least two shall be<br />

women." *Paragraph 2 has been amended in<br />

its application to the State of Assam by the<br />

Sixth Schedule to the Constitution<br />

(Amendment) Act, 1995 (42 of 1995), s.2 so as<br />

to insert the following proviso after subparagraph<br />

(3), namely,- "Provided that the<br />

District Council constituted <strong>for</strong> the North<br />

Cachar Hills District shall be called as the<br />

North Cachar Hills Autonomous Council <strong>and</strong><br />

the District Council constituted <strong>for</strong> the Karbi<br />

Anglong District shall be called as the Karbi<br />

Anglong Autonomous Council." *Paragraph 2<br />

has been amended in its application to the<br />

State of Assam by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 2003 (44 of<br />

2003)s. 2 , so as to insert the following proviso<br />

after the proviso in sub-paragraph (3),<br />

namely: - "Provided further that the District<br />

Council constituted <strong>for</strong> the Bodol<strong>and</strong><br />

Territorial Areas District shall be called the<br />

Bodol<strong>and</strong> Territorial Council."<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

[3] Paragraph 3 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 2003 (44 of 2003), s. 2 , so as to substitute<br />

sub-paragraph (3) as under, "(3) Save as<br />

otherwise provided in sub-paragraph (2) of<br />

paragraph 3A or sub-paragraph (2) of<br />

paragraph 3B, all laws made under this<br />

paragraph or sub-paragraph (1) of paragraph<br />

3A or sub-paragraph (1) of paragraph 3B shall<br />

be submitted <strong>for</strong>thwith to the Governor <strong>and</strong>,<br />

until assented to by him, shall have no effect."<br />

After paragraph 3, the following paragraph has<br />

been inserted in its application to the State of Assam<br />

by the Sixth Schedule to the Constitution<br />

(Amendment) Act, 1995 (42 of 1995), s.2 , namely:<br />

"3A. Additional powers of the North Cachar Hills<br />

Autonomous Council <strong>and</strong> the Karbi Anglong<br />

Autonomous Council to make laws.-(1)<br />

Without prejudice to the provisions of<br />

paragraph 3, the North Cachar Hills<br />

Autonomous Council <strong>and</strong> the Karbi Anglong<br />

Autonomous Council within their respective<br />

districts, shall have power to make laws with<br />

respect to-<br />

(a) industries, subject to the provisions of<br />

entries 7 <strong>and</strong> 52 of List I of the Seventh<br />

Schedule;<br />

(b) communications, that is to say, roads,<br />

bridges, ferries <strong>and</strong> other means of<br />

communication not specified in List I of<br />

the Seventh Schedule; municipal<br />

tramways, ropeways, inl<strong>and</strong> waterways<br />

<strong>and</strong> traffic thereon subject to the<br />

provisions of List I <strong>and</strong> List III of the<br />

Seventh Schedule with regard to such<br />

waterways; vehicles other than<br />

mechanically propelled vehicles;<br />

(c) preservation, protection <strong>and</strong><br />

improvement of stock <strong>and</strong> prevention of<br />

animal diseases; veterinary training <strong>and</strong><br />

practice; cattle pounds;<br />

(d) primary <strong>and</strong> secondary education;<br />

(e) agriculture, including agricultural<br />

education <strong>and</strong> research, protection<br />

against pests <strong>and</strong> prevention of plant<br />

diseases;<br />

141


(f) fisheries;<br />

(g) water, that is to say, water supplies,<br />

irrigation <strong>and</strong> canals, drainage <strong>and</strong><br />

embankments, water storage <strong>and</strong> water<br />

power subject to the provisions of entry<br />

56 of List I of the Seventh Schedule;<br />

(h) social security <strong>and</strong> social insurance;<br />

employment <strong>and</strong> unemployment;<br />

(i) flood control schemes <strong>for</strong> protection of<br />

villages, paddy fields, markets, towns,<br />

etc. (not of technical nature);<br />

(j) theatre <strong>and</strong> dramatic per<strong>for</strong>mances,<br />

cinemas subject to the provisions of entry<br />

60 of List I of the Seventh Schedule; sports<br />

entertainments <strong>and</strong> amusements;<br />

(k) public health <strong>and</strong> sanitation, hospitals<br />

<strong>and</strong> dispensaries;<br />

(l) minor irrigation;<br />

(m) trade <strong>and</strong> commerce in, <strong>and</strong> the<br />

production supply <strong>and</strong> distribution of,<br />

food stuffs, cattle fodder, raw cotton <strong>and</strong><br />

raw jute;<br />

(n) libraries, museums <strong>and</strong> other similar<br />

Institutions controlled or financed by the<br />

State; ancient <strong>and</strong> historical monuments<br />

<strong>and</strong> records other than those declared by<br />

or under any law made by Parliament to<br />

be of national importance; <strong>and</strong><br />

(o) alienation of l<strong>and</strong>.<br />

(2) All laws made by the North Cachar Hills<br />

Autonomous Council <strong>and</strong> the Karbi Anglong<br />

Autonomous Council under paragraph 3 or<br />

under this paragraph shall, in so far as they<br />

relate to matters specified in List III of the<br />

Seventh Schedule, be submitted <strong>for</strong>thwith to<br />

the Governor who shall reserve the same <strong>for</strong><br />

the consideration of the President.<br />

(3) When a law is reserved <strong>for</strong> the consideration<br />

of the President, the President shall declare<br />

either that he assents to the said law or that he<br />

withholds assent therefrom:<br />

Provided that the President may direct the<br />

Governor to return the law to the North Cachar Hills<br />

Autonomous Council or the Karbi Anglong<br />

Autonomous Council, as the case may be, together<br />

with a message requesting that the said Council will<br />

reconsider the law or any specified provisions thereof<br />

<strong>and</strong>, in particular, will, consider the desirability of<br />

introducing any such amendments as he may<br />

recommend in his message <strong>and</strong>, when the law is so<br />

returned, the said Council shall consider the law<br />

accordingly within a period of six months from the<br />

date of receipt of such message <strong>and</strong>, if the law is again<br />

passed by the said Council with or without<br />

amendment it shall be presented again to the<br />

President <strong>for</strong> his consideration.".<br />

*After paragraph 3A, the following paragraph has<br />

been inserted in its application to the State of Assam<br />

by the Sixth Schedule to the Constitution<br />

(Amendment) Act, 2003, (44 0f 2003), s. 2 , namely: -<br />

"3B. Additional powers of the Bodol<strong>and</strong><br />

Territorial Council to make laws.-(1) Without<br />

prejudice to the provisions of paragraph 3,<br />

the Bodol<strong>and</strong> Territorial Council within its<br />

areas shall have power to make laws with<br />

respect to :- (i) Agriculture, including<br />

agricultural education <strong>and</strong> research,<br />

protection against pests <strong>and</strong> prevention of<br />

plant diseases; (ii) <strong>Animal</strong> husb<strong>and</strong>ry <strong>and</strong><br />

veterinary, that is to say, preservation,<br />

protection <strong>and</strong> improvement of stock <strong>and</strong><br />

prevention of animal diseases, veterinary<br />

training <strong>and</strong> practice, cattle pounds; (iii) Cooperation;<br />

(iv) Cultural affairs; (v) Education,<br />

that is to say, primary education, higher<br />

secondary including vocational training,<br />

adult education, college education (general);<br />

(vi) Fisheries; (vii) Flood control <strong>for</strong><br />

protection of village, paddy fields, markets<br />

<strong>and</strong> towns (not of technical nature); (viii)<br />

Food <strong>and</strong> civil supply; (ix) Forests (other than<br />

reserved <strong>for</strong>ests); (x) H<strong>and</strong>loom <strong>and</strong> textile;<br />

(xi) Health <strong>and</strong> family welfare, (xii)<br />

Intoxicating liquors, opium <strong>and</strong> derivatives,<br />

subject to the provisions of entry 84 of List I of<br />

the Seventh Schedule; (xiii) Irrigation; (xiv)<br />

Labour <strong>and</strong> employment; (xv) L<strong>and</strong> <strong>and</strong><br />

Revenue; (xvi) Library services (financed <strong>and</strong><br />

controlled by the State Government); (xvii)<br />

Lotteries (subject to the provisions of entry 40<br />

of List I of the Seventh Schedule), theatres,<br />

dramatic per<strong>for</strong>mances <strong>and</strong> cinemas (subject<br />

to the provisions of entry 60 of List I of the<br />

Seventh Schedule); (xviii) Markets <strong>and</strong> fairs;<br />

(xix) Municipal corporation, improvement<br />

trust, district boards <strong>and</strong> other local<br />

authorities; (xx) Museum <strong>and</strong> archaeology<br />

institutions controlled or financed by the<br />

142 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


State, ancient <strong>and</strong> historical monuments <strong>and</strong> records<br />

other than those declared by or under any law made<br />

by Parliament to be of national importance; (xxi)<br />

Panchayat <strong>and</strong> rural development; (xxii) Planning <strong>and</strong><br />

development; (xxiii) Printing <strong>and</strong> stationery; (xxiv)<br />

Pubic health engineering; (xxv) Public works<br />

department; (xxvi) Publicity <strong>and</strong> public relations;<br />

(xxvii) Registration of births <strong>and</strong> deaths; (xxviii) Relief<br />

<strong>and</strong> rehabilitation; (xxix) Sericulture; (xxx) Small,<br />

cottage <strong>and</strong> rural industry subject to the provisions of<br />

entries 7 <strong>and</strong> 52 of List I of the Seventh Schedule;<br />

(xxxi) Social <strong>Welfare</strong>; (xxxii) Soil conservation; (xxxiii)<br />

Sports <strong>and</strong> youth welfare; (xxxiv) Statistics; (xxxv)<br />

Tourism; (xxxvi) Transport (roads, bridges, ferries<br />

<strong>and</strong> other means of communications not specified in<br />

List I of the Seventh Schedule, municipal tramways,<br />

ropeways, inl<strong>and</strong> waterways <strong>and</strong> traffic thereon<br />

subject to the provision of List I <strong>and</strong> List III of the<br />

Seventh Schedule with regard to such waterways,<br />

vehicles other than mechanically propelled vehicles);<br />

(xxxvii) Tribal research institute controlled <strong>and</strong><br />

financed by the State Government; (xxxviii) Urban<br />

development-town <strong>and</strong> country planning; (xxxix)<br />

Weights <strong>and</strong> measures subject to the provisions of<br />

entry 50 of List I of the Seventh Schedule; <strong>and</strong> (xl)<br />

<strong>Welfare</strong> of plain tribes <strong>and</strong> backward classes:<br />

Provided that nothing in such laws shall--<br />

(a) extinguish or modify the existing rights<br />

<strong>and</strong> privileges of any citizen in respect of<br />

his l<strong>and</strong> at the date of commencement of<br />

this Act; <strong>and</strong><br />

(b) disallow <strong>and</strong> citizen from acquiring l<strong>and</strong><br />

either by way of inheritance, allotment,<br />

settlement or by any other way of transfer<br />

if such citizen is otherwise eligible <strong>for</strong><br />

such acquisition of l<strong>and</strong> within the<br />

Bodol<strong>and</strong> Territorial Areas District.<br />

(2) All laws made under paragraph 3 or under<br />

this paragraph shall in so far as they relate to<br />

matters specified in List III of the Seventh<br />

Schedule, be submitted <strong>for</strong>thwith to the<br />

Governor who shall reserve the same <strong>for</strong> the<br />

consideration of the President.<br />

(3) When a law is reserved <strong>for</strong> the consideration<br />

of the President, the President shall declare<br />

either that he assents to the said law or that he<br />

withholds assent therefrom:<br />

Provided that the President may direct the<br />

Governor to return the law to the Bodol<strong>and</strong> Territorial<br />

Council, together with the message requesting that<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

the said Council will reconsider the law or any<br />

specified provisions thereof <strong>and</strong>, in particular, will<br />

consider the desirability of introducing any such<br />

amendments as he may recommend in his message<br />

<strong>and</strong>, when the law is so returned, the said Council<br />

shall consider the law accordingly within a period of<br />

six month from the date of receipt of such message<br />

<strong>and</strong>, if the law is again passéd by the said Council<br />

with or without amendments it shall be presented<br />

again to the President <strong>for</strong> his consideration."<br />

[4] Paragraph 4 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 2003 (44 of 2003), s. 2 , so as to insert the<br />

following sub-paragraph after sub-paragraph<br />

(5), namely: -<br />

"(6) Nothing in this paragraph shall apply to the<br />

Bodol<strong>and</strong> Territorial Council constituted<br />

under the proviso to sub-paragraph (3) of<br />

paragraph 2 of this Schedule."<br />

[5] See now the Code of Criminal Procedure,<br />

1973 (Act 2 of 1974).<br />

[6] Paragraph 9 has been amended in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1988 (67 of<br />

1988), s.2, so as to insert the following subparagraph<br />

after sub-paragraph (2), namely:-<br />

"(3) The Governor may, by order, direct that the<br />

share of royalties to be made over to a District<br />

Council under this paragraph shall be made<br />

over to that Council within a period of one<br />

year from the date of any agreement under<br />

sub-paragraph (1) or, as the case may be, of<br />

any determination under sub-paragraph (2).".<br />

[7] Paragraph 10 has been amended in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1988 (67 of<br />

1988), s.2, as under-<br />

(a) in the heading, the words "by non-tribals"<br />

shall be omitted;<br />

(b) in sub-paragraph (1), the words "other<br />

than Scheduled Tribes" shall be omitted;<br />

(c) in sub-paragraph (2), <strong>for</strong> clause (d), the<br />

following clause shall be substituted,<br />

namely:-<br />

143


(d) prescribe that no person resident in the<br />

district shall carry on any trade, whether<br />

wholesale or retail, except under a licence<br />

issued in that behalf by the District<br />

Council.".<br />

*Paragraph 10 has been amended in its application<br />

to the State of Assam by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 2003 (44 of 2003), s. 2<br />

, so as to insert the following sub-paragraph after subparagraph<br />

(3), namely:<br />

"(4) Nothing in this paragraph shall apply to the<br />

Bodol<strong>and</strong> Territorial Council constituted<br />

under the proviso to sub-paragraph (3) of<br />

paragraph 2 of this Schedule."<br />

[7] Paragraph 12 has been amended to its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 1995 (42 of 1995), s.2, as under,-<br />

'in paragraph 12, in sub-paragraph (1), <strong>for</strong> the<br />

words <strong>and</strong> figure "matters specified in paragraph 3 of<br />

this Schedule", the words, figures <strong>and</strong> letter "matters<br />

specified in paragraph 3 or paragraph 3A of this<br />

Schedule" shall be substituted.';<br />

Paragraph 12 has been amended in its application<br />

to the State of Assam by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 2003 (44 of 2003), s. 2,<br />

as under, -<br />

in paragraph 12, in sub-paragraph (1), in clause (a),<br />

<strong>for</strong> the words, figures <strong>and</strong> letter "matters specified in<br />

paragraph 3 or paragraph 3A of this Schedule", the<br />

words, figures <strong>and</strong> letter "matters specified in<br />

paragraph 3 or paragraph 3A or paragraph 3B of this<br />

Schedule" shall be substituted.<br />

[8] Paragraph 14 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 1995 (42 of 1995) , s. 2, as under,-<br />

In paragraph 14 , in sub-paragraph (2), the words<br />

"with the recommendations of the Governor with<br />

respect thereto" shall be omitted.<br />

[9] Paragraph 15 has been amended in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1988 (67 of<br />

1988), s. 2, as under,-<br />

(a) in the opening paragraph, <strong>for</strong> the words<br />

"by the Legislature of the State", the<br />

words "by him" shall be substituted;<br />

(b) the proviso shall be omitted.<br />

[10] Paragraph 16 has been amended in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram by s. 2, ibid., as under,-<br />

(a) in sub-paragraph (1), the words "subject to<br />

the previous approval of the Legislature of<br />

the State" occurring in clause (b), <strong>and</strong> the<br />

second proviso shall be omitted;<br />

(b) <strong>for</strong> sub-paragraph (3), the following subgraph<br />

shall be substituted, namely:<br />

"(3) Every order made under sub-paragraph (1) or<br />

sub-paragraph (2) of this paragraph, along<br />

with the reasons there<strong>for</strong> shall be laid be<strong>for</strong>e<br />

the Legislature of the State."'.<br />

[11] Paragraph 17 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 2003 (44 of 2003), s. 2 , so as to insert the<br />

following proviso, namely: -<br />

"Provided that nothing in this paragraph shall apply<br />

to the Bodol<strong>and</strong> Territorial Areas District."<br />

[12] Paragraph 19 has been amended in its<br />

application to the State of Assam by s. 2 , ibid.,<br />

so as to insert the following sub-paragraph<br />

after sub-paragraph (3), namely: -<br />

"(4) As soon as possible after the commencement<br />

of this Act, <strong>and</strong> Interim Executive Council <strong>for</strong><br />

Bodol<strong>and</strong> Territorial Areas District in Assam<br />

shall be <strong>for</strong>med by the Governor from<br />

amongst leaders of the Bodo movement,<br />

including the signatories to the<br />

Memor<strong>and</strong>um of Settlement, <strong>and</strong> shall<br />

provide adequate representation to the nontribal<br />

communities in that area:<br />

Provided that Interim Council shall be <strong>for</strong> a period<br />

of six months during which endeavour to hold the<br />

election to the Council shall be made.<br />

Explanation.---For the purposes of this subparagraph,<br />

the expression "Memor<strong>and</strong>um of<br />

Settlement" means the Memor<strong>and</strong>um signed on<br />

the 10th day of February, 2003 between<br />

Government of India, Government of Assam <strong>and</strong><br />

Bodo Liberation Tigres."<br />

144 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


[13] After paragraph 20B, the following paragraph<br />

has been inserted in its application to the State<br />

of Assam by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1995 (42 of<br />

1995), s. 2, namely:-<br />

"20BA. Exercise of discretionary powers by the<br />

Governor in the discharge of his<br />

functions.-The Governor in the discharge<br />

of his functions under sub-paragraphs (2)<br />

<strong>and</strong> (3) of paragraph 1, sub-paragraphs<br />

(1), (6), sub-paragraph (6A) excluding the<br />

first proviso <strong>and</strong> sub-paragraph (7) of<br />

paragraph 2, sub-paragraph (3) of<br />

paragraph 3, sub-paragraph (4) of<br />

paragraph 4, paragraph 5, sub-paragraph<br />

(1) of paragraph 6, sub-paragraph (2) of<br />

paragraph 7, sub-paragraph (4) of<br />

paragraph 8, sub-paragraph (3) of<br />

paragraph 9, sub-paragraph (3) of<br />

paragraph 10, sub-paragraph (1) of<br />

paragraph 14, sub-paragraph (1) of<br />

paragraph 15 <strong>and</strong> sub-paragraphs (1) <strong>and</strong><br />

(2) of paragraph 16 of this Schedule, shall,<br />

after consulting the Council of Ministers<br />

<strong>and</strong> the North Cachar Hills Autonomous<br />

Council or the Karbi Anglong<br />

Autonomous Council, as the case may be,<br />

take such action as he considers necessary<br />

in his discretion."<br />

[14] After paragraph 20B, the following<br />

paragraph has been inserted in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram, by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1988 (67 of<br />

1988), s. 2, namely:-<br />

"20BB. Exercise of discretionary powers by the<br />

Governor in the discharge of his<br />

functions.-The Governor, in the discharge<br />

of his functions under sub-paragraphs (2)<br />

<strong>and</strong> (3) of paragraph 1, sub-paragraphs<br />

(1) <strong>and</strong> (7) of paragraph 2, sub-paragraph<br />

(3) of paragraph 3, sub-paragraph (4) of<br />

paragraph 4, paragraph 5, sub-paragraph<br />

(1) of paragraph 6, sub-paragraph (2) of<br />

paragraph 7, sub- paragraph (3) of<br />

paragraph 9, sub-paragraph (1) of<br />

paragraph 14, sub-paragraph (1) of<br />

paragraph 15 <strong>and</strong> sub-paragraphs (1) <strong>and</strong><br />

(2) of paragraph 16 of this Schedule, shall,<br />

after consulting the Council of Ministers,<br />

<strong>and</strong> if he thinks it necessary, the District<br />

Council or the Regional Council<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

End notes<br />

concerned, take such action as he<br />

considers necessary in his discretion."<br />

[1] Paragraph 1 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 2003 (44 of 2003),s. 2 , so as to insert the<br />

following proviso after sub-paragraph (2),<br />

namely: "Provided that nothing in this subparagraph<br />

shall apply to the Bodol<strong>and</strong><br />

Territorial Areas District."\<br />

[2] Paragraph 2 has been amended in its<br />

application to the State of Assam by s. 2,ibid.,<br />

so as to insert the following proviso after subparagraph<br />

(1), namely: - "Provided that the<br />

Bodol<strong>and</strong> Territorial Council shall consist of<br />

not more than <strong>for</strong>ty-six members of whom<br />

<strong>for</strong>ty shall be elected on the basis of adult<br />

suffrage, of whom thirty shall be reserved <strong>for</strong><br />

the Scheduled Tribes, five <strong>for</strong> non-tribal<br />

communities, five open <strong>for</strong> all communities<br />

<strong>and</strong> the remaining six shall be nominated by<br />

the Governor having same rights <strong>and</strong><br />

privileges as other members, including voting<br />

rights, from amongst the un-represented<br />

communities of the Bodol<strong>and</strong> Territorial<br />

Areas District, of which at least two shall be<br />

women." *Paragraph 2 has been amended in<br />

its application to the State of Assam by the<br />

Sixth Schedule to the Constitution<br />

(Amendment) Act, 1995 (42 of 1995), s.2 so as<br />

to insert the following proviso after subparagraph<br />

(3), namely,- "Provided that the<br />

District Council constituted <strong>for</strong> the North<br />

Cachar Hills District shall be called as the<br />

North Cachar Hills Autonomous Council <strong>and</strong><br />

the District Council constituted <strong>for</strong> the Karbi<br />

Anglong District shall be called as the Karbi<br />

Anglong Autonomous Council." *Paragraph 2<br />

has been amended in its application to the<br />

State of Assam by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 2003 (44 of<br />

2003)s. 2 , so as to insert the following proviso<br />

after the proviso in sub-paragraph (3),<br />

namely: - "Provided further that the District<br />

Council constituted <strong>for</strong> the Bodol<strong>and</strong><br />

Territorial Areas District shall be called the<br />

Bodol<strong>and</strong> Territorial Council."<br />

[3] Paragraph 3 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

145


Act, 2003 (44 of 2003), s. 2 , so as to substitute subparagraph<br />

(3) as under, "(3) Save as otherwise provided<br />

in sub-paragraph (2) of paragraph 3A or sub-paragraph<br />

(2) of paragraph 3B , all laws made under this<br />

paragraph or sub-paragraph (1) of paragraph 3A or<br />

sub-paragraph (1) of paragraph 3B shall be submitted<br />

<strong>for</strong>thwith to the Governor <strong>and</strong>, until assented to by him,<br />

shall have no effect."<br />

After paragraph 3, the following paragraph has<br />

been inserted in its application to the State of Assam<br />

by the Sixth Schedule to the Constitution<br />

(Amendment) Act, 1995 (42 of 1995), s.2 , namely:<br />

"3A. Additional powers of the North Cachar Hills<br />

Autonomous Council <strong>and</strong> the Karbi Anglong<br />

Autonomous Council to make laws.-(1)<br />

Without prejudice to the provisions of<br />

paragraph 3, the North Cachar Hills<br />

Autonomous Council <strong>and</strong> the Karbi Anglong<br />

Autonomous Council within their respective<br />

districts, shall have power to make laws with<br />

respect to-<br />

(a) industries, subject to the provisions of<br />

entries 7 <strong>and</strong> 52 of List I of the Seventh<br />

Schedule;<br />

(b) communications, that is to say, roads,<br />

bridges, ferries <strong>and</strong> other means of<br />

communication not specified in List I of<br />

the Seventh Schedule; municipal<br />

tramways, ropeways, inl<strong>and</strong> waterways<br />

<strong>and</strong> traffic thereon subject to the<br />

provisions of List I <strong>and</strong> List III of the<br />

Seventh Schedule with regard to such<br />

waterways; vehicles other than<br />

mechanically propelled vehicles;<br />

(c) preservation, protection <strong>and</strong> improvement<br />

of stock <strong>and</strong> prevention of animal diseases;<br />

veterinary training <strong>and</strong> practice; cattle<br />

pounds;<br />

(d) primary <strong>and</strong> secondary education;<br />

(e) agriculture, including agricultural<br />

education <strong>and</strong> research, protection against<br />

pests <strong>and</strong> prevention of plant diseases;<br />

(f) fisheries;<br />

(g) water, that is to say, water supplies,<br />

irrigation <strong>and</strong> canals, drainage <strong>and</strong><br />

embankments, water storage <strong>and</strong> water<br />

power subject to the provisions of entry<br />

56 of List I of the Seventh Schedule;<br />

(h) social security <strong>and</strong> social insurance;<br />

employment <strong>and</strong> unemployment;<br />

(i) flood control schemes <strong>for</strong> protection of<br />

villages, paddy fields, markets, towns,<br />

etc. (not of technical nature);<br />

(j) theatre <strong>and</strong> dramatic per<strong>for</strong>mances,<br />

cinemas subject to the provisions of entry<br />

60 of List I of the Seventh Schedule; sports<br />

entertainments <strong>and</strong> amusements;<br />

(k) public health <strong>and</strong> sanitation, hospitals<br />

<strong>and</strong> dispensaries;<br />

(l) minor irrigation;<br />

(m) trade <strong>and</strong> commerce in, <strong>and</strong> the production<br />

supply <strong>and</strong> distribution of, food stuffs,<br />

cattle fodder, raw cotton <strong>and</strong> raw jute;<br />

(n) libraries, museums <strong>and</strong> other similar<br />

Institutions controlled or financed by the<br />

State; ancient <strong>and</strong> historical monuments<br />

<strong>and</strong> records other than those declared by<br />

or under any law made by Parliament to<br />

be of national importance; <strong>and</strong><br />

(o) alienation of l<strong>and</strong>.<br />

(2) All laws made by the North Cachar Hills<br />

Autonomous Council <strong>and</strong> the Karbi Anglong<br />

Autonomous Council under paragraph 3 or<br />

under this paragraph shall, in so far as they<br />

relate to matters specified in List III of the<br />

Seventh Schedule, be submitted <strong>for</strong>thwith to<br />

the Governor who shall reserve the same <strong>for</strong><br />

the consideration of the President.<br />

(3) When a law is reserved <strong>for</strong> the consideration<br />

of the President, the President shall declare<br />

either that he assents to the said law or that he<br />

withholds assent therefrom:<br />

Provided that the President may direct the<br />

Governor to return the law to the North Cachar Hills<br />

Autonomous Council or the Karbi Anglong<br />

Autonomous Council, as the case may be, together<br />

with a message requesting that the said Council will<br />

reconsider the law or any specified provisions thereof<br />

<strong>and</strong>, in particular, will, consider the desirability of<br />

introducing any such amendments as he may<br />

146 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


ecommend in his message <strong>and</strong>, when the law is so<br />

returned, the said Council shall consider the law<br />

accordingly within a period of six months from the<br />

date of receipt of such message <strong>and</strong>, if the law is again<br />

passed by the said Council with or without<br />

amendment it shall be presented again to the<br />

President <strong>for</strong> his consideration.".<br />

*After paragraph 3A, the following paragraph has<br />

been inserted in its application to the State of Assam<br />

by the Sixth Schedule to the Constitution<br />

(Amendment) Act, 2003, (44 0f 2003), s. 2 , namely: -<br />

"3B. Additional powers of the Bodol<strong>and</strong> Territorial<br />

Council to make laws.-(1) Without prejudice to<br />

the provisions of paragraph 3, the Bodol<strong>and</strong><br />

Territorial Council within its areas shall have<br />

power to make laws with respect to :- (i)<br />

Agriculture, including agricultural education<br />

<strong>and</strong> research, protection against pests <strong>and</strong><br />

prevention of plant diseases; (ii) <strong>Animal</strong><br />

husb<strong>and</strong>ry <strong>and</strong> veterinary, that is to say,<br />

preservation, protection <strong>and</strong> improvement of<br />

stock <strong>and</strong> prevention of animal diseases,<br />

veterinary training <strong>and</strong> practice, cattle pounds;<br />

(iii) Co-operation; (iv) Cultural affairs; (v)<br />

Education, that is to say, primary education,<br />

higher secondary including vocational<br />

training, adult education, college education<br />

(general); (vi) Fisheries; (vii) Flood control <strong>for</strong><br />

protection of village, paddy fields, markets <strong>and</strong><br />

towns (not of technical nature); (viii) Food <strong>and</strong><br />

civil supply; (ix) Forests (other than reserved<br />

<strong>for</strong>ests); (x) H<strong>and</strong>loom <strong>and</strong> textile; (xi) Health<br />

<strong>and</strong> family welfare, (xii) Intoxicating liquors,<br />

opium <strong>and</strong> derivatives, subject to the<br />

provisions of entry 84 of List I of the Seventh<br />

Schedule; (xiii) Irrigation; (xiv) Labour <strong>and</strong><br />

employment; (xv) L<strong>and</strong> <strong>and</strong> Revenue; (xvi)<br />

Library services (financed <strong>and</strong> controlled by<br />

the State Government); (xvii) Lotteries (subject<br />

to the provisions of entry 40 of List I of the<br />

Seventh Schedule), theatres, dramatic<br />

per<strong>for</strong>mances <strong>and</strong> cinemas (subject to the<br />

provisions of entry 60 of List I of the Seventh<br />

Schedule); (xviii) Markets <strong>and</strong> fairs; (xix)<br />

Municipal corporation, improvement trust,<br />

district boards <strong>and</strong> other local authorities; (xx)<br />

Museum <strong>and</strong> archaeology institutions<br />

controlled or financed by the State, ancient <strong>and</strong><br />

historical monuments <strong>and</strong> records other than<br />

those declared by or under any law made by<br />

Parliament to be of national importance; (xxi)<br />

Panchayat <strong>and</strong> rural development; (xxii)<br />

Planning <strong>and</strong> development; (xxiii) Printing <strong>and</strong><br />

stationery; (xxiv) Pubic health engineering;<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

(xxv) Public works department; (xxvi) Publicity<br />

<strong>and</strong> public relations; (xxvii) Registration of<br />

births <strong>and</strong> deaths; (xxviii) Relief <strong>and</strong><br />

rehabilitation; (xxix) Sericulture; (xxx) Small,<br />

cottage <strong>and</strong> rural industry subject to the<br />

provisions of entries 7 <strong>and</strong> 52 of List I of the<br />

Seventh Schedule; (xxxi) Social <strong>Welfare</strong>; (xxxii)<br />

Soil conservation; (xxxiii) Sports <strong>and</strong> youth<br />

welfare; (xxxiv) Statistics; (xxxv) Tourism;<br />

(xxxvi) Transport (roads, bridges, ferries <strong>and</strong><br />

other means of communications not specified<br />

in List I of the Seventh Schedule, municipal<br />

tramways, ropeways, inl<strong>and</strong> waterways <strong>and</strong><br />

traffic thereon subject to the provision of List I<br />

<strong>and</strong> List III of the Seventh Schedule with regard<br />

to such waterways, vehicles other than<br />

mechanically propelled vehicles); (xxxvii)<br />

Tribal research institute controlled <strong>and</strong><br />

financed by the State Government; (xxxviii)<br />

Urban development-town <strong>and</strong> country<br />

planning; (xxxix) Weights <strong>and</strong> measures<br />

subject to the provisions of entry 50 of List I of<br />

the Seventh Schedule; <strong>and</strong> (xl) <strong>Welfare</strong> of plain<br />

tribes <strong>and</strong> backward classes:<br />

Provided that nothing in such laws shall--<br />

(a) extinguish or modify the existing rights<br />

<strong>and</strong> privileges of any citizen in respect of<br />

his l<strong>and</strong> at the date of commencement of<br />

this Act; <strong>and</strong><br />

(b) disallow <strong>and</strong> citizen from acquiring l<strong>and</strong><br />

either by way of inheritance, allotment,<br />

settlement or by any other way of transfer<br />

if such citizen is otherwise eligible <strong>for</strong><br />

such acquisition of l<strong>and</strong> within the<br />

Bodol<strong>and</strong> Territorial Areas District.<br />

(2) All laws made under paragraph 3 or under<br />

this paragraph shall in so far as they relate to<br />

matters specified in List III of the Seventh<br />

Schedule, be submitted <strong>for</strong>thwith to the<br />

Governor who shall reserve the same <strong>for</strong> the<br />

consideration of the President.<br />

(3) When a law is reserved <strong>for</strong> the consideration<br />

of the President, the President shall declare<br />

either that he assents to the said law or that he<br />

withholds assent therefrom:<br />

Provided that the President may direct the<br />

Governor to return the law to the Bodol<strong>and</strong> Territorial<br />

Council, together with the message requesting that<br />

the said Council will reconsider the law or any<br />

specified provisions thereof <strong>and</strong>, in particular, will<br />

147


consider the desirability of introducing any such<br />

amendments as he may recommend in his message<br />

<strong>and</strong>, when the law is so returned, the said Council<br />

shall consider the law accordingly within a period of<br />

six month from the date of receipt of such message<br />

<strong>and</strong>, if the law is again passéd by the said Council<br />

with or without amendments it shall be presented<br />

again to the President <strong>for</strong> his consideration."<br />

[4] Paragraph 4 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 2003 (44 of 2003), s. 2 , so as to insert the<br />

following sub-paragraph after sub-paragraph<br />

(5), namely: -<br />

"(6) Nothing in this paragraph shall apply to the<br />

Bodol<strong>and</strong> Territorial Council constituted<br />

under the proviso to sub-paragraph (3) of<br />

paragraph 2 of this Schedule."<br />

[5] See now the Code of Criminal Procedure,<br />

1973 (Act 2 of 1974).<br />

[6] Paragraph 9 has been amended in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1988 (67 of<br />

1988), s.2, so as to insert the following subparagraph<br />

after sub-paragraph (2), namely:-<br />

"(3) The Governor may, by order, direct that the<br />

share of royalties to be made over to a District<br />

Council under this paragraph shall be made<br />

over to that Council within a period of one<br />

year from the date of any agreement under<br />

sub-paragraph (1) or, as the case may be, of<br />

any determination under sub-paragraph (2).".<br />

[7] Paragraph 10 has been amended in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1988 (67 of<br />

1988), s.2, as under-<br />

(a) in the heading, the words "by non-tribals"<br />

shall be omitted;<br />

(b) in sub-paragraph (1), the words "other<br />

than Scheduled Tribes" shall be omitted;<br />

(c) in sub-paragraph (2), <strong>for</strong> clause (d), the<br />

following clause shall be substituted,<br />

namely:-<br />

(d) prescribe that no person resident in the<br />

district shall carry on any trade, whether<br />

wholesale or retail, except under a licence<br />

issued in that behalf by the District<br />

Council.".<br />

*Paragraph 10 has been amended in its application<br />

to the State of Assam by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 2003 (44 of 2003), s. 2,<br />

so as to insert the following sub-paragraph after subparagraph<br />

(3), namely:<br />

"(4) Nothing in this paragraph shall apply to the<br />

Bodol<strong>and</strong> Territorial Council constituted<br />

under the proviso to sub-paragraph (3) of<br />

paragraph 2 of this Schedule."<br />

[7] Paragraph 12 has been amended to its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 1995 (42 of 1995), s.2, as under,-<br />

'in paragraph 12, in sub-paragraph (1), <strong>for</strong> the<br />

words <strong>and</strong> figure "matters specified in paragraph 3 of<br />

this Schedule", the words, figures <strong>and</strong> letter "matters<br />

specified in paragraph 3 or paragraph 3A of this<br />

Schedule" shall be substituted.';<br />

Paragraph 12 has been amended in its application<br />

to the State of Assam by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 2003 (44 of 2003), s. 2,<br />

as under, -<br />

in paragraph 12, in sub-paragraph (1), in clause (a),<br />

<strong>for</strong> the words, figures <strong>and</strong> letter "matters specified in<br />

paragraph 3 or paragraph 3A of this Schedule", the<br />

words, figures <strong>and</strong> letter "matters specified in<br />

paragraph 3 or paragraph 3A or paragraph 3B of this<br />

Schedule" shall be substituted.<br />

[8] Paragraph 14 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 1995 (42 of 1995) , s. 2, as under,-<br />

In paragraph 14 , in sub-paragraph (2), the words<br />

"with the recommendations of the Governor with<br />

respect thereto" shall be omitted.<br />

[9] Paragraph 15 has been amended in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1988 (67 of<br />

1988), s. 2, as under,-<br />

148 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


(a) in the opening paragraph, <strong>for</strong> the words<br />

"by the Legislature of the State", the<br />

words "by him" shall be substituted;<br />

(b) the proviso shall be omitted.<br />

[10] Paragraph 16 has been amended in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram by s. 2, ibid., as under,-<br />

(a) in sub-paragraph (1), the words "subject<br />

to the previous approval of the<br />

Legislature of the State" occurring in<br />

clause (b), <strong>and</strong> the second proviso shall be<br />

omitted;<br />

(b) <strong>for</strong> sub-paragraph (3), the following subgraph<br />

shall be substituted, namely:<br />

"(3) Every order made under sub-paragraph (1) or<br />

sub-paragraph (2) of this paragraph, along<br />

with the reasons there<strong>for</strong> shall be laid be<strong>for</strong>e<br />

the Legislature of the State."'.<br />

[11] Paragraph 17 has been amended in its<br />

application to the State of Assam by the Sixth<br />

Schedule to the Constitution (Amendment)<br />

Act, 2003 (44 of 2003), s. 2 , so as to insert the<br />

following proviso, namely: -<br />

"Provided that nothing in this paragraph shall<br />

apply to the Bodol<strong>and</strong> Territorial Areas District."<br />

[12] Paragraph 19 has been amended in its<br />

application to the State of Assam by s. 2 , ibid.,<br />

so as to insert the following sub-paragraph<br />

after sub-paragraph (3), namely: -<br />

"(4) As soon as possible after the commencement<br />

of this Act, <strong>and</strong> Interim Executive Council <strong>for</strong><br />

Bodol<strong>and</strong> Territorial Areas District in Assam<br />

shall be <strong>for</strong>med by the Governor from<br />

amongst leaders of the Bodo movement,<br />

including the signatories to the<br />

Memor<strong>and</strong>um of Settlement, <strong>and</strong> shall<br />

provide adequate representation to the nontribal<br />

communities in that area:<br />

Provided that Interim Council shall be <strong>for</strong> a period<br />

of six months during which endeavour to hold the<br />

election to the Council shall be made.<br />

Explanation.---For the purposes of this subparagraph,<br />

the expression "Memor<strong>and</strong>um of Settlement"<br />

means the Memor<strong>and</strong>um signed on the 10th day of<br />

February, 2003 between Government of India,<br />

Government of Assam <strong>and</strong> Bodo Liberation Tigres."<br />

[13] After paragraph 20B, the following paragraph<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

has been inserted in its application to the State<br />

of Assam by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1995 (42 of<br />

1995), s. 2, namely:-<br />

"20BA. Exercise of discretionary powers by the<br />

Governor in the discharge of his<br />

functions.-The Governor in the discharge<br />

of his functions under sub-paragraphs (2)<br />

<strong>and</strong> (3) of paragraph 1, sub-paragraphs<br />

(1), (6), sub-paragraph (6A) excluding the<br />

first proviso <strong>and</strong> sub-paragraph (7) of<br />

paragraph 2, sub-paragraph (3) of<br />

paragraph 3, sub-paragraph (4) of<br />

paragraph 4, paragraph 5, sub-paragraph<br />

(1) of paragraph 6, sub-paragraph (2) of<br />

paragraph 7, sub-paragraph (4) of<br />

paragraph 8, sub-paragraph (3) of<br />

paragraph 9, sub-paragraph (3) of<br />

paragraph 10, sub-paragraph (1) of<br />

paragraph 14, sub-paragraph (1) of<br />

paragraph 15 <strong>and</strong> sub-paragraphs (1) <strong>and</strong><br />

(2) of paragraph 16 of this Schedule, shall,<br />

after consulting the Council of Ministers<br />

<strong>and</strong> the North Cachar Hills Autonomous<br />

Council or the Karbi Anglong<br />

Autonomous Council, as the case may be,<br />

take such action as he considers necessary<br />

in his discretion."<br />

[14] After paragraph 20B, the following<br />

paragraph has been inserted in its<br />

application to the States of Tripura <strong>and</strong><br />

Mizoram, by the Sixth Schedule to the<br />

Constitution (Amendment) Act, 1988 (67 of<br />

1988), s. 2, namely:-<br />

"20BB. Exercise of discretionary powers by the<br />

Governor in the discharge of his<br />

functions.-The Governor, in the<br />

discharge of his functions under subparagraphs<br />

(2) <strong>and</strong> (3) of paragraph 1,<br />

sub-paragraphs (1) <strong>and</strong> (7) of paragraph<br />

2, sub-paragraph (3) of paragraph 3, subparagraph<br />

(4) of paragraph 4, paragraph<br />

5, sub-paragraph (1) of paragraph 6, subparagraph<br />

(2) of paragraph 7, subparagraph<br />

(3) of paragraph 9, subparagraph<br />

(1) of paragraph 14, subparagraph<br />

(1) of paragraph 15 <strong>and</strong> subparagraphs<br />

(1) <strong>and</strong> (2) of paragraph 16 of<br />

this Schedule, shall, after consulting the<br />

Council of Ministers, <strong>and</strong> if he thinks it<br />

necessary, the District Council or the<br />

Regional Council concerned, take such<br />

action as he considers necessary in his<br />

discretion."<br />

149


Order: Insectivora<br />

Family: Soricidae:<br />

Sub Family: Crocidurinae<br />

Grey shrew Crocidura attenuata Milne-Edwards +<br />

Southeast Asian White- Crocidura fuliginosa (Blyth) +<br />

toothed shrew<br />

Family : Talpidae<br />

Subfamily : Talpinae<br />

Order: Sc<strong>and</strong>entia<br />

Family: Tupaiidae<br />

Sub Family: Tupaiinae<br />

Talpa micrura Hodgson +<br />

W. Garo E. Garo S. Garo<br />

Common Tree Shrew Tupaia glis assamensis (Wroughton) + +<br />

Order: Chiroptera<br />

Suborder: Megachiroptera<br />

Family: Pteropodidae<br />

Subfamily: Pteropodinae<br />

Short-nosed fruit bat Cynopterus sphinx sphinx (Vahl) + + +<br />

Indian flying fox Pteropus giganteus giganteus +<br />

(Brunnich)<br />

Fulvous fruit bat Rousettus leschenaultia leschenaulti + + +<br />

(Desmarest)<br />

Subfamily: Macroglossinae<br />

Long-tongued fruit bat Eonycteris spelaea spelaea ( Dobson) +<br />

Suborder: Microchiroptera<br />

Family: Megadermatidae<br />

Indian false vampire bat Megaderma lyra lyra E. Geoffroy +<br />

Family: Rhinolophidae<br />

Subfamily: Rhinolophinae<br />

Paerson’s horseshoe bat Rhinolophus pearsonii Horsfield + + +<br />

Least horseshoe bat Rhinolophus pusillus blythi Anderson +<br />

Subfamily: Hipposiderinae<br />

ANNEXURE IV<br />

List of mammals found in Garo Hills (Ghosh, et al 1995)<br />

Great Himalayan leaf-t Hipposideros armiger armiger + + +<br />

nosed ba (Hodgson)<br />

Great Ceylon leaf-nosed bat Hipposideros lankadiva Kelaart +<br />

Horsfield’s leaf-nosed bat Hipposideros larvatus (Horsfield) +


Andersen’s leaf-nosed bat Hipposideros Pomona gentilis Andersen +<br />

Family: Vespertilionidae<br />

Subfamily: Kerivoulinae<br />

Hardwicke's <strong>for</strong>est bat Kerivoula hardwickii (Horsfield) +<br />

Subfamily: Vespertilioninae<br />

Harlequin bat Scotomanes ornatus ornatus (Blyth) +<br />

Common yellowbellied bat Scotophilus heathi heathi (Horsfield) +<br />

Asiatic Lesser yellow bat Scotophilus kuhlii kuhlii Leach + + +<br />

Philippine bamboo bat Tylonycteris pachypus +<br />

Subfamily: Miniopterinae<br />

Schreiber's long-fingered bat Miniopterus schreibersii (Kuhl) +<br />

Order: Primates<br />

Family: Cercopithecidae<br />

Subfamily: Cercopithecinae<br />

Stump-tailed macaque Macaca arctoides (geoffroy) + +<br />

Assamese macaque Macaca assamensis (M’Clell<strong>and</strong>) + +<br />

Rhesus macaque Macaca mulatta (Zimmermann) + + +<br />

Pig-tailed macaque Macaca nemestrina (Linnaeus) +<br />

Subfamily : Colobinae<br />

Common langur Semnopithecus entellus (Dufresne) +<br />

Capped langur Trachypithecus pileatus (Blyth) + + +<br />

Family: Hylobatidae<br />

Hoolock gibbon Hoolock hoolock + + +<br />

Family: Loridae<br />

Slow loris Nycticebus coucang (Boddaert) + + +<br />

Order: Pholidota<br />

Family: Manidae<br />

Chinese pangolin Manis pentadactyla Linnaeus +<br />

Order: Carnivora<br />

Family: Canidae<br />

Asiatic Jackal Canis aureusLinnaeus + + +<br />

Wild dog, Dhole Cuon alpinus (Pallas) + + +<br />

Indian fox Vulpes bengalensis (Shaw) + + +<br />

Family: Felidae<br />

Subfamily: Felinae<br />

Asiatic Golden cat Catopuma temminckii + +<br />

(Vigors <strong>and</strong> Horsfield)<br />

Jungle Cat Felis chaus Schreber + + +<br />

Leopard cat Prionailurus bengalensis (Kerr)<br />

Subfamily: Pantherinae<br />

Leopard Panthera pardus fusca (Linnaeus) + + +<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

151


Tiger Panthera tigris tigris (Linnaeus) + + +<br />

Marbled cat Pardofelis marmorata (Martin) +<br />

Clouded leopard Neofelis nebulosa (Griffith) + + +<br />

Family: Herpestidae<br />

Subfamily: Herpestinae<br />

Indian Gray mongoose Herpestes edwardsii +<br />

(E. Geoffrey Saint-Hilaire)<br />

Crab-eating mongoose Herpestes urva (Hodgson) + +<br />

Family: Mustelidae<br />

Subfamily: Lutrinae<br />

Small Clawed otter Amblonyx cinerea concolor +<br />

(Rafinesque)<br />

Smooth- coated otter Lutrogale perspicillata perspicillata +<br />

(I. Geoffroy Saint-Hilaire)<br />

Subfamily: Melinae<br />

Hog badger Arctonyx collaris Cuvier + + +<br />

Subfamily: Mustelinae<br />

Yellow-throated Marten Martes flavigula (Boddaert) +<br />

Family: Ursidae<br />

Subfamily: Ursinae<br />

Himalayan black bear Ursus thibetanus Cuvier + + +<br />

Sloth bear Melursus ursinus (Shaw) + + +<br />

Malayan Sun Bear Helarctos malayanus (Raffles) + + +<br />

Subfamily: Ailurinae<br />

Red p<strong>and</strong>a Ailurus fulgens Cuvier + + +<br />

Family: Viverridae<br />

Subfamily: Paradoxurinae<br />

Masked palm civet Paguma larvata neglecta P ocock +<br />

Common Palm Civet, Paradoxurus hermaphroditus (Pallas) +<br />

Toddy cat<br />

Subfamily: Viverrinae<br />

Small Indian civet Viverricula indica(Desmarest) +<br />

Order Proboscidea<br />

Family Elephantidae<br />

Elephant Elephas maximusindicus G. Cuvier + + +<br />

Order: Artiodactyla:<br />

Family: Bovidae:<br />

Sub Family: Bovinae<br />

Gaur Bos gaurus++Wild buffalo Bubalus +<br />

bubalis (Linnaeus)<br />

Four horned Antelope, Tetracerus quadricornis +<br />

Chausinga (Blainville)<br />

152 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Subfamily: Caprinae<br />

Goral Naemorhedus goral (Hardwicke) +<br />

Serow Naemorhedus sumatraensis (Bechstein) + + +<br />

Family: Cervidae<br />

Sambar Cervus unicolor Kerr + + +<br />

Subfamily: Muntiacinae<br />

Barking Deer/Munjtac Muntiacus muntjak Pocock + + +<br />

Family: Suidae<br />

Subfamily: Suinae<br />

Indian wild boar Sus scrofa Linnaeus + + +<br />

Order: Rodentia<br />

Suborder: Sciurognathi<br />

Family Sciuridae<br />

Subfamily: Sciurinae<br />

Red-bellied tree squirrel Callosciurus erythraeus erythraeus + +<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

Callosciurus erythraeus erythogaster + +<br />

Hoary-bellied Himalayan Callosciurus pygerythrus blythi ( Tytler) + +<br />

squirrel<br />

Malayan giant squirrel Ratufa bicolor giganteus (M’Clell<strong>and</strong>) + +<br />

Family: Petauristinae<br />

Hodgson's flying squirrel Petaurista magnificus +<br />

Giant red flying squirrel Petaurista petaurista lylei Bonhote +<br />

Family: Muridae<br />

Subfamily: Murinae<br />

Petaurista petaurista albiventer (Gray) +<br />

Indian field mouse Mus booduga booduga ( Gray) + +<br />

Shrew mouse Mus pahari jacksoniae (Thomas) +<br />

Chestnut Rat, Himalayan Niviventer fulvescens fulvescens (Gray) +<br />

Chestnut rat<br />

Himalayan rat Rattus nitidus nitudus + + +<br />

Common house rat Rattus rattus brunneusculus (Hodgson) + +<br />

Subfamily: Rhizomyinae<br />

Rattus rattus tistae Hinton + +<br />

Rattus sabanus garonum + +<br />

Bay bamboo rat Cannomys badius badius (Hodgson) +<br />

Suborder: Hystricognathi<br />

Family: Hystricidae<br />

Order: Lagomorpha<br />

Family: Leporidae<br />

Atherurus hodgsonii +<br />

Indian hare/Blacknaped hare Lepus nigricollis + +<br />

153


ANNEXURE V<br />

List of Birds reported from Garo Hills (Majumdar, 1994)<br />

Order: Anseri<strong>for</strong>mes<br />

Family: Anatidae<br />

Anser anser rubrirostris Greylag Goose<br />

Aythya ferina Common Pochard<br />

Mergus merganser merganser Common Merganser<br />

Order: Apodi<strong>for</strong>mes<br />

Family: Apodidae<br />

Apus affinis subfurcatus Little Swift<br />

Cypsiurus parvus infumatus<br />

Order: Buceroti<strong>for</strong>mes<br />

Family: Bucerotidae<br />

Anthracoceros malabaricus malabaricus<br />

Order: Ciconii<strong>for</strong>mes<br />

Family: Accipitridae<br />

Accipiter badius dussumieri Shikra<br />

Accipiter nisus Eurasian Sparrowhawk<br />

Aviceda leuphotes Black Baza<br />

Circus aeruginosus Western Marsh Harrier<br />

Circus macrourus Pallid Harrier<br />

Elanus caeruleus vociferus Black-winged Kite<br />

Haliastur Indus indus Brahminy Kite<br />

Milvus migrans Black Kite<br />

P<strong>and</strong>ion haliaetus haliaetus Osprey<br />

Family: Ardeidae<br />

Ardeola striatus chloriceps<br />

Ardea alba modesta<br />

Ardea cinerea rectirostris Grey Heron<br />

Ardea purpurea manilensis Purple Heron<br />

Ardeola grayii grayii Indian Pond-Heron<br />

Bubulcus ibis corom<strong>and</strong>us Cattle Egret<br />

Egretta garzetta Little Egret<br />

Egretta garzetta garzettaIxobrychus cinnamomeus Cinnamon Bittern<br />

Ixobrychus flavicollis flavicollis Black Bittern<br />

Nycticorax nycticorax nycticorax Black-crowned Night-Heron<br />

Family: Charadriidae<br />

Himantopus himantopus himantopus Black-winged Stilt<br />

Vanellus Spinosus duvanvelii


Family: Ciconiidae<br />

Anastomus oscitans Asian Openbill<br />

Ciconia episcopus episcopus Woolly-necked Stork<br />

Family: Falconidae<br />

Falco subbuteo centralasiae Eurasian Hobby<br />

Falco tinnunculus tinnunculus Common Kestrel<br />

Microhierax caerulescens caerulescens Collared Falconet<br />

Family: Glareolidae<br />

Glareola pratincola Maldivarum Collared Pratincole<br />

Family: Jacanidae<br />

Hydrophasianus chirurgus Pheasant-tailed Jacana<br />

Metopidius indicus Bronze-winged Jacana<br />

Family: Laridae<br />

Sterna acuticauda Black-bellied Tern<br />

Sterna aurantia River Tern<br />

Sterna hirundo tibetana Common Tern<br />

Family: Phalacrocoracidae<br />

Phalacrocorax carbo sinensis Great Cormorant<br />

Family: Scolopacidae<br />

Calidris minuta Little Stint<br />

Gallinago gallinago gallinago Common Snipe<br />

Gallinago minimaGallinago nemoricola Wood Snipe<br />

Gallinago solitaria solitaria Solitary SnipeG<br />

allinago stenura Pintail Snipe<br />

Philomachus pugnax Ruff<br />

Scolopax rusticola rusticola Eurasian Woodcock<br />

Tringa glareola Wood S<strong>and</strong>piper<br />

Tringa hypoleucos hypoleucos Common S<strong>and</strong>piper<br />

Tringa nebularia Common Greenshank<br />

Tringa ochropus Green S<strong>and</strong>piper<br />

Tringa stagnatilis Marsh S<strong>and</strong>piper<br />

Tringa totanus totanus Common Redshank<br />

Family: Threskiornithidae<br />

Platalea leucorodia major Eurasian Spoonbill<br />

Threskiornis aethiopica melanocephalus Black-headed Ibis<br />

Order: Columbi<strong>for</strong>mes<br />

Family: Columbidae<br />

Chalcophaps indica indica Emerald Dove<br />

Ducula aenea Sylvatica Green Imperial-Pigeon<br />

Streptopelia chinensis tigrina Spotted Dove<br />

Streptopelia decaocto decaocto Eurasian Collared-Dove<br />

Streptopelia tranquebarica humilis Red Collared-Dove<br />

Treron bicincta bicincta Orange-breasted Green-Pigeon<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

155


Order: Coracii<strong>for</strong>mes<br />

Family: Alcedinidae<br />

Alcedo hercules Blyth's Kingfisher<br />

Alcedo meninting coltarti Blue-eared Kingfisher<br />

Family: Cerylidae<br />

Ceryle rudis leucomelanuru Pied Kingfisher<br />

Family: Dacelonidae<br />

Halcyon smyrnensis perpulchra White-throated Kingfisher<br />

Pelargopsis capensis capensis Stork-billed Kingfisher<br />

Family: Meropidae<br />

Merops leschenaulti leschenaulti Chestnut-headed Bee-eater<br />

Merops orientalis orientalis Little Green Bee-eater<br />

Merops orientalis birmanusNyctyornis athertoni athertoni Blue-bearded Bee-eater<br />

Order: Cuculi<strong>for</strong>mes<br />

Family: Centropodidae<br />

Centropus toulou bengalensis Lesser Coucal<br />

Centropus sinensis intermedius Greater Coucal<br />

Family: Cuculidae<br />

Clamator corom<strong>and</strong>us Chestnut-winged Cuckoo<br />

Chalcites maculatusEudynamys scolopacea malayana Asian Koel<br />

Order: Galli<strong>for</strong>mes<br />

Family: Phasianidae<br />

Arborophila atrogularis White-cheeked Partridge<br />

Bambusicola fytchii hopkinsoni Mountain Bamboo-Partridge<br />

Coturnix corom<strong>and</strong>elica Rain Quail<br />

Francolinus francolinus melanotus Black Francolin<br />

Francolinus gularis Swamp Francolin<br />

Gallus gallus murghi Red Junglefowl<br />

Lophura leucomelanos lathami Kalij Pheasant<br />

Pavo cristatus Indian Peafowl<br />

Polyplectron bicalcaratum bakeri Grey Peacock-Pheasant<br />

Order: Grui<strong>for</strong>mes<br />

Family: Rallidae<br />

Fulica atra atr Common Coot<br />

Gallinula chloropus indica Common Moorhen<br />

Porzana pusilla pusilla Baillon's Crake<br />

Order: Passeri<strong>for</strong>mes<br />

Family: Alaudidae<br />

Eremopterix grisea Ashy-crowned Sparrow-Lark<br />

Family: Cisticolidae<br />

criniger flaveolus flaveolus<br />

Family: Corvidae<br />

Aegithina tiphia tiphia Common Iora<br />

Artamus fuscus Ashy Wood-swallow<br />

Coracina novaeholl<strong>and</strong>iae nipalensisCorvus splendens splendens House Crow<br />

156 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Dendrocitta <strong>for</strong>mosae himalayana Grey Treepie<br />

Dendrocitta vagabunda vagabunda Rufous Treepie<br />

Dicrurus aeneus aeneus Bronzed Drongo<br />

Dicrurus adsimilis albirictusDicrurus caerulescens caerulescens White-bellied Drongo<br />

Dicrurus hottentottus hottentottus Hair-crested Drongo<br />

Dicrurus paradiseus gr<strong>and</strong>is Greater Racket-tailed Drongo<br />

Dicrurus remifer tectirostris Lesser Racket-tailed Drongo<br />

Hypothymis azurea styani Black-naped Monarch<br />

Oriolus xanthornus xanthornus Black-hooded Oriole<br />

Pericrocotus flammeus fraterculus Scarlet Minivet<br />

Tephrodornis virgatus pelvicaTephrodornis pondicerianus pondicerianus Common Woodshrike<br />

Family: Eurylaimidae<br />

Serilophus lunatus rubropygius Silver-breasted Broadbill<br />

Family: Fringillidae<br />

Emberiza pusilla Little Bunting<br />

Family: Hirundinidae<br />

Hirundo rustica tytleri Barn Swallow<br />

Family: Irenidae<br />

Chloropsis aurifrons aurifrons Golden-fronted Leafbird<br />

Chloropsis cochinchinensis cochinchinensis Blue-winged Leafbird<br />

Family: Laniidae<br />

Lanius cristatus cristatus Brown Shrike<br />

Lanius schach tricolor Long-tailed Shrike<br />

Lanius tephronotus tephronotus Grey-backed Shrike<br />

Family: Muscicapidae<br />

Copsychus malabaricus indicus White-rumped Shama<br />

Copsychus saularis erimelas Oriental Magpie-Robin<br />

Culicicapa ceylonensis calochrysea Grey-headed Canary-Flycatcher<br />

Enicurus immaculatus Black-backed Forktail<br />

Luscinia calliope Siberian Rubythroat<br />

Luscinia pectardens Firethroat<br />

Monticola solitarius p<strong>and</strong>oo Blue Rock-Thrush<br />

Muscicapa latirostris Muscicapa parva albicilla Muscicapa westermanni<br />

australorienti sMuscicapa sapphira Muscicapa macgrigoriae signata<br />

Muscicapa sundara sundara Turdus albocinctus White-collared Blackbird<br />

Turdus dissimilis dissimilis Black-breasted Thrush<br />

Turdus rubrocanus rubrocanus Chestnut Thrush<br />

Zoothera citrina citrina Orange-headed Thrush<br />

Family: Nectariniidae<br />

Aethopyga saturata assamensis Black-throated Sunbird<br />

Anthreptes singalensis rubinigentis Ruby-cheeked Sunbird<br />

Dicaeum cruentatum cruentatum Scarlet-backed Flowerpecker<br />

Dicaeum erythrorhynchos erythrorhynchos Pale-billed Flowerpecker<br />

Nectarinia zeylonica sola Purple-rumped Sunbird<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

157


Family: Paridae<br />

Melanochlora sultanea sultanea Sultan Tit<br />

Parus major nipalensis Great Tit<br />

Family: Passeridae<br />

Am<strong>and</strong>ava am<strong>and</strong>ava Red Avadavat<br />

Anthus hodgsoni Olive-backed Pipit<br />

Lonchura malacca atricapilla Black-headed Munia<br />

Passer domesticus indicus House Sparrow<br />

Family: Pycnonotidae<br />

Pycnonotus cafer bengalensis Red-vented Bulbul<br />

Pycnonotus jocosus emeria Red-whiskered Bulbul<br />

Pycnonotus jocosus monticola<br />

Family: Sturnidae<br />

Acridotheres tristis tristis Common Myna<br />

Gracula religiosa intermedia Hill Myna<br />

Saroglossa spiloptera Spot-winged Starling<br />

Sturnus malabaricus malabaricus Chestnut-tailed Starling<br />

Family: Sylviidae<br />

Abroscopus albogularis albogularis Rufous-faced Warbler<br />

Abroscopus superciliaris flaviventris Yellow-bellied Warbler<br />

Alcippe castaneceps castaneceps Rufous-winged Fulvetta<br />

Alcippe nipalensis nipalensis Nepal Fulvetta<br />

Cettia brunnifrons muroides Grey-sided Bush-Warbler<br />

Cettia major vafer Chestnut-crowned Bush- Warbler<br />

Chaetornis striatus Bristled Grassbird<br />

Gampsorhynchus rufulus rufulus White-hooded Babbler<br />

Garrulax erythrocephalus chrysopterus Chestnut-crowned Laughingthrush<br />

Garrulax leucolophus patkaicus White-crested Laughingthrush<br />

Garrulax monileger monileger Lesser Necklaced Laughingthrush<br />

Garrulax pectoralis melanotis Greater Necklaced<br />

Laughingthrush<br />

Leiothrix argentauris argentauris Silver-eared Mesia<br />

Macronous gularis rubricapilla Striped Tit-Babbler<br />

Malacocincla abbotti abbotti (Blyth) Abbott's Babbler<br />

Megalurus palustris toklao Striated Grassbird<br />

Napothera brevicaudata striata Streaked Wren-Babbler<br />

Orthotomus atrogularis nitidus Dark-necked Tailorbird<br />

Orthotomus sutorius patia Common Tailorbird<br />

Pellorneum ruficeps m<strong>and</strong>ellii Puff-throated Babbler<br />

Pellorneum ruficeps chamelumPhylloscopus inornatus inornatus Inornate Warbler<br />

Phylloscopus trochiloides trochiloides Greenish Warbler<br />

Pomatorhinus hypoleucos hypoleucos Large Scimitar-Babbler<br />

Pteruthius aenobarbus aenobarbulus Chestnut-fronted Shrike- Babbler<br />

Pteruthius flaviscapis validirostris White-browed Shrike-Babbler<br />

158 <strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong>


Turdoides longirostris Slender-billed Babbler<br />

Yuhina castaniceps castaniceps Striated Yuhina<br />

Family: Zosteropidae<br />

Zosterops palpebrosa palpebrosa Oriental White-eye<br />

Order: Pici<strong>for</strong>mes<br />

Family: Megalaimidae<br />

Megalaima asiatica asiatica Blue-throated Barbet<br />

Megalaima australis cyanotis Blue-eared Barbet<br />

Megalaima franklinii franklinii Golden-throated Barbet<br />

Micropternus brachyurus phaiocepsMegalaima lineate hodgsoni Lineated Barbet<br />

Megalaima virens magnifica Great Barbet<br />

Family: Picidae<br />

Chrysocolaptes lucidus sultaneus Greater Flameback<br />

Chrysocolaptes lucidus guttacristatus Dinopium benghalense benghalense Black-rumped Flameback<br />

Gecinulus grantia grantia Pale-headed Woodpecker<br />

Mulleripicus pulverulentus harterti Great Slaty Woodpecker<br />

Picus canus hessei Grey-faced Woodpecker<br />

Picus chlorolophus chlorolophus Lesser Yellownape<br />

Picoides mahrattensis mahrattensis Picoides canicapillus semicoronatus<br />

Order: Psittaci<strong>for</strong>mes<br />

Family: Psittacidae<br />

Psittacula alex<strong>and</strong>ri fasciata Red-breasted Parakeet<br />

Psittacula krameri borealis Rose-ringed Parakeet<br />

Order: Strigi<strong>for</strong>mes<br />

Family: Caprimulgidae<br />

Caprimulgus affinis monticola Savanna Nightjar<br />

Caprimulgus indicus hazarae rey Nightjar<br />

Caprimulgus macrurus albonotatus Large-tailed Nightjar<br />

Caprimulgus indicus jotaka<br />

Family: Strigidae<br />

Glaucidium brodiei brodiei Collared Owlet<br />

Glaucidium cuculoides rufescens Asian Barred Owlet<br />

Otus scops sunia Eurasian Scops-Owl<br />

Strix leptogrammica newarensis Brown Wood-Owl<br />

Order: Trogoni<strong>for</strong>mes<br />

Family: Trogonidae<br />

Harpactes erythrocephalus erythrocephalus Red-headed Trogon<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

159


Order: Testudines<br />

1. Hardella thurjii (Gray)<br />

2. Kachuga dhongoka (Gray)<br />

3. Kachuga sylhetensis (Jerdon)<br />

4. Kachuga tecta (Gray)<br />

5. Geoclemys hamiltoni (Gray)<br />

6. Cyclemys dentate (Gray)<br />

7. Melanochelys tricarinata (Blyth)<br />

8. Indotestudo elongate (Blyth)<br />

9. Aspideretes hurum Gray<br />

Order: Squamata<br />

Suborder: Sauria<br />

1. Cyrtodactylus khasiensis (Jerdon)<br />

2. Cnemaspis jerdoni (Theobald)<br />

3. Cosymbotus pltyurus (Schneider)<br />

4. Hemidactylus brooki Gray<br />

5. Hemidactylus frenatus Schlegel<br />

6. Gekko gecko (Linnaeus)<br />

7. Calotes emma Gray<br />

8. Calotes versicolor (Daudin)<br />

9. Sphenomorphus indicus (Gray)<br />

10. Sphenomorphus maculatus (Blyth)<br />

11. Mabuya macularia (Blyth )<br />

12. Mabuya multifasciata multifasciata (kuhl)<br />

13. Takydromus sexlineatus sexlineatus Daudin<br />

14. Varanus bengalensis (Daudin)<br />

15. Varanus salvator (Laurenti)<br />

ANNEXURE VI<br />

List of Reptiles reported from Garo Hills (Mathew, R., 1994)<br />

Suborder: Serpentes<br />

1. Ramphotyphlops braminus (Daudin)<br />

2. Typhlops diardi Schlegel<br />

3. Typhlops tenuicollis (Peters)<br />

4. Amphiesma khasiensis (Boulenger)<br />

5. Amphiesma parallela (Boulenger)<br />

6. Amphiesma xenura (Wall)<br />

7. Boiga trigonata (Schneider)<br />

8. Calamaria pavimentata Dumeril & Bibrin<br />

9. Chrysopelea ornate (Shaw)<br />

10. Elaphe hodgsoni (Boulenger)<br />

11. Elaphe prasina (Blyth)<br />

12. Elaphe radiate (Schlegel)<br />

13. Lycodon aulicus (Linnaeus)<br />

14. Lycodon jara (Shaw)<br />

15. Oligodon cinereus (Gunther)<br />

16. Oligodon dorsalis (Cantor)<br />

17. Oligodon dorsalis Gray & Hardwicke<br />

18. Oligodon theobaldi (Gunther)<br />

19. Ptyas korros Schlegel<br />

20. Rhabdophis subminiata (Schlegel)<br />

21. Sibynophis chinesis (Gunther)<br />

22. Xenochrophis piscator (Shneider)<br />

23. Bungarus niger Wall<br />

24. Callophis macclell<strong>and</strong>i (Reinhardt)<br />

25. Naja naja (Linnaeous)<br />

26. Trimeresurus erythrurus (Cantor)


1. Xenophrys parva (Boulengar)<br />

2. Bufo melanostictus Schneider<br />

3. Amolops afghanus (Gunther)<br />

4. Rana alticola Boulenger<br />

5. Rana bilineata Pillai & Ch<strong>and</strong>a<br />

6. Rana cyanoplyctis Schneider<br />

7. Rana garoensis Boulenger<br />

8. Rana laticeps (Boulenger)<br />

9. Rana limnocharis Weighmann<br />

10. Rana malabarica Tschudi<br />

11. Philautus garo (Boulenger)<br />

12. Philautus kempii<br />

13. Rhacophorus maximus Gunther<br />

14. Ploypedates leucomystax Gravenhorst<br />

ANNEXURE VII<br />

List of Amphibians reported from Garo Hills (Ch<strong>and</strong>a, S.K., 1994)


Order: Primates<br />

Family: Cercopithecidae<br />

Subfamily: Cercopithecinae<br />

1. Stump-tailed macaque Macaca arctoides (geoffroy)<br />

2. Assamese macaque Macaca assamensis (M’Clell<strong>and</strong>)<br />

3. Rhesus macaque Macaca mulatta (Zimmermann)<br />

Subfamily : Colobinae<br />

4. Capped langur Trachypithecus pileatus (Blyth)<br />

Family: Hylobatidae<br />

5. Hoolock gibbon Hoolock hoolock (Harlan)<br />

Family: Loridae<br />

6. Slow loris Nycticebus coucang (Boddaert)<br />

Order: Carnivora<br />

Family: Canidae<br />

7. Wolf Canis lupus Linnaeus<br />

8. Wild dog, Dhole Cuon alpinus (Pallas)<br />

9. Indian fox Vulpes bengalensis (Shaw)<br />

Family: Felidae<br />

Subfamily: Felinae<br />

10. Jungle Cat Felis chausSchreber<br />

11. Leopard cat Prionailurus bengalensis (Kerr)<br />

Subfamily: Pantherinae<br />

12. Leopard Panthera pardus (Linnaeus)<br />

13. Clouded leopard Neofelis nebulosa (Griffith)<br />

Family: Herpestidae<br />

Subfamily: Herpestinae<br />

14. Indian Gray mongoose Herpestes edwardsii<br />

(E. Geoffrey Saint-Hilaire)<br />

Family: Mustelidae<br />

Subfamily: Melinae<br />

15. Hog badger Arctonyx collaris Cuvier<br />

16. Chinese feret badger Melogale moschata (Gray)<br />

Family: Ursidae<br />

Subfamily: Ursinae<br />

ANNEXURE VIII<br />

Faunal diversity of Siju Wildlife Sanctuary<br />

Mammals<br />

17. Himalayan black bear Ursus thibetanus Cuvier


Family: Viverridae<br />

Subfamily: Viverrinae<br />

18. Large Indian civet Viverra zibetha Linnaeus<br />

19. Small Indian civet Viverricula indica (Desmarest)<br />

Order Proboscidea<br />

Family Elephantidae<br />

20. Asian Elephant Elephas maximus indicus G. Cuvier<br />

Order: Artiodactyla:<br />

Family: Bovidae:<br />

Subfamily: Bovinae<br />

21. Indian Bison or Gaur Bos gaurus<br />

22. Wild buffalo Bubalus bubalis (Linnaeus)<br />

Family: Cervidae<br />

23. Sambar Cervus unicolor Kerr<br />

Subfamily: Muntiacinae<br />

24. Barking Deer/Munjtac Muntiacus muntjak Pocock<br />

Family: Suidae<br />

Subfamily: Suinae<br />

25. Indian wild boar Sus scrofa Linnaeus<br />

Order: Rodentia<br />

Suborder: Sciurognathi<br />

Family Sciuridae<br />

Subfamily: Sciurinae<br />

26. Five-striped palm squirrel Funambulus pennantii<br />

27. Indian giant squirrel Ratufa indica<br />

Family: Petauristinae<br />

28. Red Giant flying squirrel Petaurista petaurista<br />

Family: Dipodidae<br />

Subfamily: Murinae<br />

29. Large B<strong>and</strong>icoot rat B<strong>and</strong>icota indica<br />

Suborder: Hystricognathi<br />

Family: Hystricidae<br />

30. Indian Crested porcupine Hystrix indica<br />

Order: Lagomorpha<br />

Family: Leporidae<br />

31. Indian hare/Blacknaped hare Lepus nigricollis<br />

<strong>Canopies</strong> <strong>and</strong> <strong>Corridors</strong><br />

163


ANNEXURE IX


ANNEXURE X


A. OCCASIONAL REPORTS<br />

OTHER WTI PUBLICATIONS<br />

Tribal Territories:<br />

Impact assessment around the Jarawa tribal reserve, middle <strong>and</strong> south Andaman Isl<strong>and</strong>s<br />

Captive Concerns:<br />

Health <strong>and</strong> management of captive elephants in Jaipur<br />

Jumbo Express:<br />

A scientific approach to underst<strong>and</strong>ing <strong>and</strong> mitigating elephant mortality due to train accidents in Rajaji National Park.<br />

Fair Concern:<br />

Health <strong>and</strong> management of captive elephants in Sonpur<br />

Elephant in Exile:<br />

A rapid assessment of the human-elephant conflict in Chhattisgarh<br />

Ganesha to Bin Laden:<br />

Human-elephant conflict in Sonitpur district of Assam<br />

Healing Touch:<br />

Health <strong>and</strong> management of captive elephants at Kaziranga elephant festivals<br />

Dog <strong>and</strong> Bull:<br />

An investigation into carnivore-human conflict in <strong>and</strong> around Itanagar Wildlife Sanctuary, Arunachal Pradesh<br />

Against the Current:<br />

Otters in the river Cauvery, Karnataka<br />

Silent Stranglers:<br />

Eradication of mimosa in Kaziranga National Park, Assam<br />

Living at the Edge:<br />

Rapid survey <strong>for</strong> the endangered Ladakh urial ( Ovis vignei vignei) in Leh district of Ladakh Trans-Himalaya<br />

Search <strong>for</strong> Spectacle:<br />

A conservation survey of the Phayre’s leaf monkey (Tranchypithecus phayrei) in Assam <strong>and</strong> Mizoram<br />

Sighting Storks:<br />

Status <strong>and</strong> distribution of Greater adjutant storks (Leptoptilos dubius) in the Ganga <strong>and</strong> Kosi river floodplains near<br />

Bhagalpur, Bihar<br />

Bait <strong>and</strong> Watch:<br />

Popularization of alternatives to dolphin oil among fishermen <strong>for</strong> the conservation of the Ganges river dolphin (Plantanista<br />

gangetica) in Bihar<br />

Awaiting Arribadda:<br />

Protection of Olive Ridley turtles (Lepidochelys olivacea) <strong>and</strong> their nesting habitats at Rushikuliya rookery, Orissa<br />

Living with Giants:<br />

Underst<strong>and</strong>ing human-elephant conflict in Maharashtra <strong>and</strong> adjoining areas<br />

Crane Capital:<br />

Conservation strategy <strong>for</strong> Sarus Crane (Grus antigone) habitat in Etawah <strong>and</strong> Mainpuri Districts, Uttar Pradesh<br />

Deadly Tracks:<br />

A scientific approach to underst<strong>and</strong>ing <strong>and</strong> mitigating elephant mortality due to train hits in Assam<br />

Carnivore Conflict:<br />

Support provided to leopards involved in conflict related cases in Maharashtra


India at the <strong>International</strong> Whaling commission:<br />

A policy document on India’s involvement in the IWC 1981-2003<br />

B. CONSERVATION ACTION REPORTS<br />

Beyond the Ban:<br />

A census of Shahtoosh workers in Jammu & Kashmir<br />

Biodiversity, Livelihoods <strong>and</strong> the Law:<br />

The case of the ‘Jogi Nath’ snake charmers of India<br />

Goats on the Border:<br />

A rapid assessment of the Pir Panjal markhor in Jammu & Kashmir distribution, status <strong>and</strong> threats<br />

The Ground Beneath the Waves : (2 Volumes)<br />

Post-tsunami impact assessment of wildlife <strong>and</strong> their habitats in India<br />

Walking the Bears:<br />

Rehabilitation of Asiatic black bears in Arunachal Pradesh<br />

Mountain Migrants:<br />

Survey of Tibetan Antelope (Pantholops hodgsonii) <strong>and</strong> Wild Yak (Bos grunniens) in Ladakh, Jammu & Kashmir, India<br />

Predator Alert:<br />

Attacks on humans by leopard <strong>and</strong> Asiatic black bear in the Kashmir valley – Analysis of case studies <strong>and</strong> spatial patterns of<br />

elevated conflict<br />

Turning the Tide:<br />

The campaign to save Vhali, the Whale Shark (Rhincondon Typus)in Gujarat<br />

C. CONSERVATION REFERENCE SERIES<br />

Wildlife Law:<br />

A ready reckoner - A guide to the Wildlife (Protection) Act 1972<br />

Back to the Wild:<br />

Studies in wildlife rehabilitation<br />

Right of Passage:<br />

Elephant corridors of India<br />

Poisons <strong>and</strong> the Pachyderm:<br />

Responding to poisoning in Asian elephants – A field guide<br />

Commentaries on Wildlife Law:<br />

Cases, statutes & notifications<br />

Pakke Pachyderms:<br />

Ecology <strong>and</strong> conservation of Asian elephants in Kameng elephant reserve, Arunachal Pradesh<br />

Bringing Back Manas:<br />

Conserving the <strong>for</strong>est <strong>and</strong> wildlife of the Bodol<strong>and</strong> Territorial Council<br />

D. OTHERS<br />

Wrap up the trade:<br />

An international campaign to save the endangered Tibetan Antelope<br />

Tiger Bridge:<br />

Nine days on a bend of the Nauranala<br />

167


Emergency Relief Network Digest 2005 – 2006<br />

Emergency Relief Network Digest 2006 – 2007<br />

Action Tiger:<br />

Tiger action plans of 12 tiger range countries<br />

168<br />

PROJECT TEAM<br />

Biswajit Saikia<br />

Bulbully Marak<br />

J. Dutta<br />

Kiranmay Sarma<br />

P.C.Bhattacherjee<br />

P.R. Marak<br />

P.S.Easa<br />

Pangeng Marak<br />

Prabal Sarkar<br />

R. Thiek<br />

Rahul Kaul<br />

Ritwick Dutta<br />

S.N. Sangma<br />

S<strong>and</strong>eep Kumar Tiwari<br />

Satadal Acherji<br />

Siddhartha Bhattacharjee<br />

Sunil Subba Kyarong<br />

Susenjit Nath Choudhury<br />

T.T.C. Marak<br />

Vijay Dashmana<br />

Vivek Menon<br />

Vyom Raghuvanshi


The Balphakram <strong>and</strong> Nokrek protected areas are the two ecological crown jewels<br />

of the Garo Hills. The two are connected tenuously by <strong>for</strong>est along the spine of<br />

the Garo Hills much of which is akhin owned, private community <strong>for</strong>ests <strong>and</strong><br />

jhummed l<strong>and</strong>. Wildlife still flourishes here <strong>and</strong> the Wildlife Trust of India (WTI)<br />

with the World L<strong>and</strong> Trust, British High Commission <strong>and</strong> the <strong>International</strong> <strong>Fund</strong><br />

<strong>for</strong> <strong>Animal</strong> <strong>Welfare</strong> (IFAW) has worked with the Garo Hills Autonomous District<br />

Council <strong>and</strong> the Meghalaya Forest Department in preserving these representative<br />

<strong>for</strong>ests of the Garo Hills using an innovative protection mechanism. This report<br />

documents the declaration of village reserves in the Garo Hills - the Selbelgre<br />

Village Reserve <strong>for</strong>est to protect gibbons <strong>and</strong> the Siju-Aretika Village Reserve<br />

<strong>for</strong>est <strong>and</strong> Rewak Kosigre Village Reserve to secure a critical elephant corridor<br />

that was earlier identified by WTI <strong>and</strong> IFAW with support from the US Fish <strong>and</strong><br />

Wildlife Services. Gibbons are canopy dependent species <strong>and</strong> elephants require<br />

terrestrial corridors <strong>for</strong> their nomadic existence; two appropriate flagships <strong>for</strong><br />

preserving the linkages that connect the wildlife protected areas of the Garo Hills.

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