Canopies and Corridors - International Fund for Animal Welfare
Canopies and Corridors - International Fund for Animal Welfare
Canopies and Corridors - International Fund for Animal Welfare
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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.