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Government of Meghalaya

Eds: Rahul Kaul, Sandeep Kumar Tiwari, Sunil Kyarong, Ritwick Dutta and Vivek Menon

CANOPIES AND CORRIDORS

Conserving the forests of Garo Hills with elephants andgibbons as flagships

Eds: Rahul Kaul, Sandeep Kumar Tiwari, Sunil Kyarong, Ritwick Dutta and Vivek Menon

Garo Hills

Autonomous

District Council

CANOPIES AND CORRIDORS

The International Fund for Animal Welfare (IFAW) works to improve the welfare of wild and domestic animals

through out the world by reducing commercial exploitation of animals, protecting wildlife habitats, and assisting

animals in distress. IFAW seeks to motivate the public to prevent cruelty to animals and to promote animal

welfare and conservation policies that advance the well-being of both animals and people.

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

especially endangered species and threatened habitats, in partnership with communities and governments. Its

vision is the natural heritages of India is secure.

Suggested Citation: Rahul Kaul, Sandeep Kumar Tiwari, Sunil Kyarong, Ritwick Dutta and Vivek Menon (Eds).

Canopies and Corridors- Conserving the forests of Garo Hills with elephants and gibbons as flagships, Wildlife

Trust of India.

Keywords: Garo Hills, elephant, gibbon, Balapakram National Park, Nokrek National Park, Meghalaya, Siju,

Selbalgre, GHADC, Garo Hills Autonomous District Council, sacred groves, forest management.

The designations of geographical entities in this publication and the presentation of the material do not imply the

expression of any opinion whatsoever on the part of the authors or WTI concerning the legal status of any

country, territory or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

Copyright © WTI 2010

All rights reserved. Reproduction and dissemination of material in this publication for educational or any non-

commercial purposes are authorized without any prior written permission from the copyright holders provided

the source is fully acknowledged and appropriate credit given. Reproduction of material in this information

product for or other commercial purposes is prohibited without written permission of the copyright holders.

Applications for such permission should be addressed to the Executive Director, Wildlife Trust of India or

by e-mail to [email protected]

Photo credits:

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

Ritwick Dutta: Back cover, Pg.112 (bottom left)

Sandeep Kumar Tiwari: 9, 11, 45, 51, 74, 75, 78, 91, 93, 107, 109 top,112 (bottom right),113,114(bottom),

115 (top left & bottom), 121, 128

Jayanta Das: Title page

J Dutta: Pg.46 and 47

O.P Tripathy: Pg.62, 66 and 67

Bulbully Marak: Pg. 109 left bottom

Cover design: Jan Mohammad

Layout: Moeen Aijaz/John Kunjkunju

Printed at : Summit Advertising, New Delhi

CONTENTS

FOREWORD 4

PREFACE 5

ACKNOWLEDGEMENTS 6

EXECUTIVE SUMMARY 7

CHAPTER I Introduction 8Rahul Kaul and Sandeep Kumar Tiwari

CHAPTER II A brief profile of Meghalaya 12Kiranmay Sarma

CHAPTER III Forest and wildlife conservation in Garo Hills autonomous district council- a policy analysis 23Ritwick Dutta

CHAPTER IV Forest resources and management in Garo Hill districts 44Kiranmay Sarma and Sandeep Kumar Tiwari

CHAPTER V Land use/land cover and community structure of major forests type in Garo Hill districts 52Kiranmay Sarma, O. P. Tripathy and Krishna Upadhyay

CHAPTER VI Natural resource extraction and utilization by the people of Garo hills, Meghalaya 69Sandeep Kumar Tiwari, Rahul Kaul, Susenjit Nath Choudhury, Siddhartha Bhattacharjee, Satadal Acherji and Prabal Sarkar

CHAPTER VII People's perception of forest management and conservation in Garo Hills 80Susenjit Nath Choudhury, Sandeep Kumar Tiwari, Rahul Kaul, Siddhartha Bhattacharjee and Satadal Acherji

CHAPTER VIII Conservation of Asian elephant (Elephas maximus) in Meghalaya 91with special reference to corridorsSandeep Kumar Tiwari, Vivek Menon, Sunil Kyarong and Rahul Kaul

CHAPTER IX Joining the Gibbon canopies to restore the Nokrek landscape 112Sunil Kyarong, Rahul Kaul, Vivek Menon and Sandeep Kumar Tiwari

ANNEXURES 117

OTHER WTI PUBLICATIONS 166

FOREWORD

February 12, 2008

Forests are the most important natural resources available to mankind and afford a wide range of socio-economic benefit as well as environmental values and services. However the balance between resourceavailability and utilization of these valuable natural resources has been threatened by the continuing abuse,

deforestation and degradation of the forest. This trend needs to be contained and action plan prepared based onthe principle of sustainable development and general human wellbeing.

Meghalaya has a large area under the control of the community and private persons and less than 10% is underthe control of government. By virtue of the fact that Meghalaya is a VIth Schedule area, the management of allforests other than government reserve forest and protected Areas are under Autonomous District CouncilCouncils.

The Garo hills comprising of the district of East, West and South Garo Hill is within the jurisdiction of Garo HillsAutonomous District Council (GHADC) and supports a rich biodiversity in terms of flora and fauna. This is alsoan important Asian elephant habitat and majority of the elephants of the state are concentrated here. However,jhum cultivation, unplanned mining and other developmental activities have led to fragmentation anddegradation of elephant habitats threatening their existence. This has also increased the conflict with humans inrecent time. It thus bestows considerable responsibility upon the GHADC to effectively protect the forests andwildlife under their control to mitigate conflict and protect and conserve the wildlife.

This publication on biodiversity conservation through awareness and capacity building of the local tribal councilin Garo Hills is thus a significant contribution to forest and wildlife conservation in Garo Hills. Similar exercisesshould also be initiated in other Schedule VI areas to strengthen conservation initiatives. The publication is anoutcome of concerted efforts by the Wildlife Trust of India and support of Garo Hills Autonomous DistrictCouncil, State Forest department and other individuals involved in conservation.

The effort of Wildlife Trust of India to conserve the elephants in the state by identifying and securing the elephantcorridors and other landscape will definitely contribute to mitigating human-elephant conflict and afford greaterprotection and conservation of elephants in Meghalaya.

The publication is a unique example of bringing in the administrators, policy makers, land planners, scientists andconservationists under one umbrella to protect and nurture the rich conservation tradition of the Garos. Thepublication I am sure will significantly contribute to achieving sustainable conservation practices in the region.

A. N. Prasad

Inspector General Forests &

Director Project Elephant

PREFACE

The Balphakram and Nokrek National Parks are the only two protected areas for wildlife in theGaro Hills. Yet, the entire spine of the Garo Hills still has large potential as wildlife habitatand unlike the other districts of Meghalaya still harbours fairly good wildlife population. The

connectivity of this landscape for elephant and gibbon, tiger or peacock pheasant lie through akhinlands, privately owned clan lands, much of which is still under forest. Extensive jhuming has cutthrough a lot of this, but Balphakram National Park and Siju WLS are connected to Nokrek throughRewak and Emangiri RFs and the akhin lands. WTI started a project here to try and secure theconnectivity between these two important parks for elephants as part of its elephant corridorsproject sponsored by the World Land Trust. Soon however, the creation of the Selbelgere reserve forgibbons, a district council initiative supported by WTI (through its British High Commissionsponsored district council project) had expanded the concept to include other species as well.

This report chronicles the first three or four years of this project. It is a fascinating chronicle ofconservation in this region, particularly as the conservation of private forests in Meghalaya is sounlike any other part of India. Community conservation takes a whole new meaning in this statewhere the forest department and the government control only a fraction of the forests and wildlifethat exists in the region. The district council project of the BHC was an attempt at doing just this;assessing the status of forests and wildlife in four selected district councils and advising these localgovernments in ways to protect forests under their own rules and regulations. Many of these mayrely on traditional and community based means of protection but many are powers vested underthe sixth schedule listing of these lands in the Indian constitution. Despite this, local councils hadnot taken the issue of wildlife conservation seriously in most part.

It is extremely heartening to note that in this short period, two relatively large areas of Selbelgereand Aretika have been declared village reserves by the Garo District Council. Full credit must begiven to the council leaders and akhin nokmas for coming forward and transcending decades ofmistrust of authorities by participating in these conservation measures to such an extent. While therole of the WTI team in the area is laudatory, they have acted only as catalysts and the credit forsecuring these lands goes to the local government. This example also acts as a pioneer step for otherdistrict council, autonomous councils and tribal councils to emulate and declare their ownconservation reserves. The Wildlife Protection Act in its latest amendment recognized the power oflocal community protection by creating community reserves as an option of protection. Creation ofvillage reserves or other similar local government protected areas can be a first step towards suchprotection or logically even devolution of the same idea to an even more local level. Suchconservation measures can only be good for the threatened biodiversity of the area.

Vivek MenonExecutive Director

5Canopies and Corridors

6 Canopies and Corridors

ACKNOWLEDGEMENT

The report is an outcome of relentless effort of alarge number of individuals and organizations.We express our heartfelt gratitude to Mr. E. A.

Sangma, Chief Executive Member Garo HillsAutonomous District Council (GHADC) forextending all help to the team while conductingsurvey in the area. This report would not have beenpossible without the cooperation and support of over500 individuals and gaun burahswho answered to allour queries during survey and offered us food and attimes shelter to successfully complete the survey.

We are thankful to Mr. V. K. Nautiyal, PrincipalChief Conservator of Forest, Meghalaya and Mr SunilKumar, Chief Wildlife Warden, Meghalaya for thepermission to undertake the elephant corridoridentification in the state, securing of Siju-Rewakelephant corridor and for all the assistance extended toWTI team during the course of survey andgroundtruthing. We express our sincere thanks to Mr.A. N. Prasad, Director Project Elephant and Mr. S.S.Bist, former Director Project Elephant for their constantencouragement and support while groundtruthing thecorridors and securing of Siju-Rewak corridor inMeghalaya. We are also thankful to Mr. T.T.C. Marak,former CCF, Social Forestry and Environment andcurrently the Chairman Meghalaya Board of SecondaryEducation who helped us a lot in completing thecorridor identification process and subsequentinitiatives in securing Siju-Rewak elephant corridor.

We are also thankful to Mr. Robin Shullai, CF, Mr.P.R. Marak, DFO East and West Garo Hills, Mr. R.Thiek DFO, South Garo Hills; Mr. T. Wananniang,ACF, South Garo Hills; Mr. P. H. S. Bonney, formerDFO Khasi Hills Wildlife Sanctuary; Mr. JamesPohsngap, DFO Jowai; Mr. S.N. Sangma, ACF, Eastand West Garo Hills Wildlife Division, Mr. J. DuttaDFO Social forestry Tura for their constant help,support and cooperation in successful groundtruthingof the corridors and securing of Siju-Rewak corridor.

We are grateful to Mr. Alphonse A. Sangma,member District Council, Mr. Pittor R. Marak, NokmaSiju and Chairman, Village Reserve Committee, Mrs.Sanilla A. Sangma, Nokma , Mr. Jahil R. Sangma, ViceChairman, Mr. Elzin R. Marak, Secretary, Mr.Wenithson Momim, Joint Secretary and Mr. Witha A.Sangma, Treasurer, Village Reserve Committee andMr. Selbalson Sangma, Mr Jenura D. Sangma, MrSilchang A. Sangma, Mr. Nirena Sangma, Mr DalneD. Shira, Mr Puttu A. Sangma, Mr. Laming Sangma,

and villagers of Aritika for their help, cooperation andprotecting the Siju-Rewak elephant corridor. We arealso thankful to Mr .Ronatson Momim. Range ForestOfficer, Baghmara (GHADC), Mr. Leonidas Momim,Ms Bulbuly Marak, Tourist Officer, Baghmara fortheir help and to Dr. Jaseng N. Sangma, BaghmaraHealth Centre and Dr. Smita Sangma, BaghmaraHealth Centre for voluntarily helping WTI organizehealth camp in Arthika.

For the Selbalgre Village Reserve, we extend ourthanks to Mr. Piletson Sangma, Nokma andChairman, Mr Mijan CH. Marak, Nokma and vice-chairman, Mr Saljensing CH. Marak, Secretary, Mr.Krenithson Sangma, Joint Secretary, Mr. BallisonSangma, Treasurer of Selbalgre Village ReserveCommittee and Mr. Mingjin Marak, Mr. ChirokMarak, Mr. Jengnang Sangma, Mr. Balmen Marak,Mr. Dalmen Marak, Mr. Miksong Marak and Mr. PuriMarak executive members and all the villagers ofSelbalgre for taking the bold initiative of keepingapart forest for future generation and declaration ofSelbalgre Village Reserve.

We are also thankful to all the members ofGHADC for extending their assistance and supportfor protection and notification of Selbalgre VillageReserve and Siju-Arthika Village Reserve Forest.

Our thanks also go out to our present and formercolleagues from Wildlife Trust of India, Dr. P.C.Bhattacharjee (Excutive Trustee, WTI and Professor,Department of Zoology, Gauhati University, Assam),Dr. P.S. Easa (former Director), Mr. AniruddhaMookherjee (Senior Director), Dr Ujjal Sarma(Programme Officer), Mr Govindan Kutty (formerProgramme Officer), Mr Vyom Raghuvansi (LegalIntern), Mr. John Kunjukunju (Executive Assistant), MrBiswajit Saikia (consultant), Mrs Daizy Khan(consultant) for their constant support, advice,encouragement and assistance during the entire periodof our conservation effort in Garo hills and preparationof this report.

We wish to thank British High Commission, NewDelhi, World Land Trust, US Fish and WildlifeServices (USFWS) and International Fund for AnimalWelfare (IFAW) for their financial support and theirrole in successful implementation of the projects andcontributing to the forest and wildlife conservationsin Meghalaya.


EXECUTIVE SUMMARY

The sixth schedule of the constitution of Indiaprovides the tribal people of northeast India arole in planning and development of the area,

free of external influences or pressures and also inaccordance with local traditions and needs. Forest is a“transferred” subject to the tribal council and lendsconsiderable responsibilities upon these councils toeffect conservation of forests and wildlife within theirjurisdictional areas.

Although the district councils have laws to managethe forests, there appears to be no mechanism for theprotection of wildlife. Moreover, the status vis-à-viswildlife conservation as a subject matter within thedistrict councils appears vague and without anymention. The state is effecting wildlife protectionwithin the National Parks, Wildlife Sanctuaries andReserve Forests under their custody but who protectswildlife within the jurisdiction of the district council?Further, do the present laws and also the resourcespermit the district councils to take the necessary stepsfor initiating and achieving wildlife conservation andif they do, do the district councils have the capacityand the infrastructure to undertake all of this?

With these questions in mind, the Wildlife Trust ofIndia initiated a project in 2005 in four district councilsof Northeast India, two each in Assam (Karbi-Anglongand Bodoland) and Meghalaya (Garo hills and Khasihills). This was important to chart a roadmap forconservation activities in tribal council areas.

The Garo Hills in Meghalaya has a typical system offorest management wherein local communities andprivate persons own majority of the land. Less than10% area comprising of Reserve Forests, NationalParks, Wildlife Sanctuaries and Protected Areas iscontrolled by the state and remaining land is underthe jurisdiction of the district council. In addition, thelocal communities also have their traditionalcustomary laws, which work in conjunction with thelaws made by the district councils.

This project on the Autonomous District Councils hasrevealed many interesting aspects on their workingvis– a– vis forests and wildlife. For one, only the GaroAutonomous District Council continues to function ina manner originally prescribed in the Constitution ofIndia. The Bodo Territorial Council is a recent creationwith greater control and authority over Forests andWildlife. The project has made certain suggestionswith respect to Central Statutes and policies so thatthey are more in tune with the Constitutionalresponsibilities vested in the District/Territorial/Autonomous Councils. These suggestionsassume importance in view of the fact that legaldevelopments in the field of conservation andprotection of forests, wildlife and biodiversity has

failed to take into account the crucial role of theseCouncils in managing, conserving and use of theseresources. The project therefore charts out a course forlegal and policy changes and development.

Wildlife Trust of India has also mapped the forestcover of the area using satellite images which wasthen ground truthed to know the distribution of theforest resources and extent of different type of forest.The dependency of the people on forest resources andperception of the households, gaonburah and membersof district council towards forest and wildlifeconservation in all the three districts of Garo Hills hasalso been assessed through a questionnaire survey.This was important to assess the understanding of thepeople so that it can be communicated to communityleaders and policy makers for appropriateconservation planning and awareness.

Meghalaya supports the second largest elephantpopulation in Northeast, the majority of which areconcentrated in the Garo Hills. However, jhumcultivation, unplanned mining and otherdevelopmental activities have led to fragmentationand degradation of elephant habitats threatening theirexistence. This has also increased the conflict withhumans in recent time. To minimize human-elephantconflict and ensure long term conservation of theelephants in Garo Hills, it was thought prudent to linkthe fragmented patches of habitats. Thus in 2001,Wildlife Trust of India groundtruthed the elephanthabitat and identified six elephant corridors in thestate, of which five are in Garo Hills. One of the mostvital of these is the Siju-Rewak corridor connecting theelephants of the Balpakram NP and Siju WLS withRewak, Angratoli and Imangiri Reserve Forest andNokrek National Park. WTI is working with the localcommunity, forest department and GHADC to securethis corridor and a remarkable outcome of this hasbeen the declaration of about 200 hectares of thecorridor forest as Siju-Aretika Village Reserve forest.Thus a major part of the corridor has been securedand other impediments are being worked upon tototally secure the corridor.

Wildlife Trust of India is also working with the localcommunity of Selbalgre village and GHADC in WestGaro Hills and has been able to notify about 200hectares of Aking land as Village Reserve forest. This isan important Hoolock gibbon habitat and also harboursother wildlife. Efforts are being made to add more areaswith a view to join the small patches of forest separatedby fallow jhum land between Rongram and Nokrek.Thus, by protecting the gibbon habitat in Rongram-Nokrek landscape and elephant habitat betweenNokrek-Balpakram landscape, efforts are being made toimprove the wildlife habitat that can facilitateunhindered movement of animals and minimizeencounter with human and reduce conflicts.

CHAPTER I

The sixth schedule of the constitution providedsome tribal people of northeast India a role indesigning the development of their land. This

was to ensure that the development happened free ofexternal influences or pressures and also inaccordance with the local traditions and needs.Forests is a “transferred” subject to the tribal councils,bestows considerable responsibilities upon thesedistrict councils and therefore to effect conservationof forests and wildlife within their areas in northeastIndia.

Northeast India, comprising of the states of Assam,Meghalaya, Manipur, Mizoram, Nagaland,Auranachal Pradesh, Tripura and Sikkim is regardedas one of the 34 Biodiversity Hotspots in the world(Mittermeier et al., 2005). It is designated as one theimportant eco-regions i.e. Northeast India-Myanmarpine forests (Olson & Dinerstein, 1998) and has morethan 50% forest cover (Forest Survey of India 2001).These forests, hold for example, species like tiger(Panthera tigris), Asian elephant (Elephas maximus),Greater One-horned rhinoceros (Rhinoceros unicornis),Leopard, (Panthera pardus) Clouded leopard (Neofelisnebulosa), Takin (Budorcas taxicolor), Golden Langur(Trachypithecus geei), Slow loris (Nycticebus bengalensis)and Phayre’s leaf monkey (Trachypithecus phayeri)which are on the IUCN Red list of ThreatenedAnimals 2000 (IUCN 2002).

Societies of this region are pre-dominantlyagrarian and their dependence on forests forsustenance and livelihoods is heavy. Being relativelyunder-developed compared to other regions of thecountry, opportunities for alternative livelihoods arelimited. Peoples’ dependence on forests and also on

meat (Hilaluddin et al.,2005) is taking a heavy toll onthese natural resources. This is apparently more soafter a ban was imposed on the felling of trees,curtailing further, any opportunities to earnlivelihoods.

Northeast India also has a typical system of forestmanagement, wherein the local communities managelarge areas of forests. This is more so in the statesunder Schedule VI of the Constitution i.e. Tribal areasof Assam, Meghalaya, Mizoram and Tripura. Byvirtue of this schedule, the management of all forestsother than government reserved forests and ProtectedAreas are under autonomous District Councils. TheDistrict Councils are constitutional bodies with a largedegree of functional autonomy which has its ownadministrative apparatus for the management offorests. For example in the state of Meghalaya thegovernment controls only 725.13 Km2 of the total of9506 Km2 forest area which includes the ReserveForests, National Parks, Wildlife Sanctuaries andprotected areas. The rest is under the jurisdiction ofthe district councils. In addition, the localcommunities also have their traditional customarylaws, which work in conjunction with the laws madeby the district councils.

Although the district councils have laws tomanage the forests, there appears to be no mechanismwithin the district councils for the protection ofwildlife. The nature of forest management innortheast India is quite different from the rest of thecountry and involves people down to the villagelevels in determining the land use. However, thestatus of wildlife conservation as a subject matterwithin the district councils appears vague and

Rahul Kaul and Sandeep Kumar Tiwari

Introduction


without any mention. The state is effecting wildlifeprotection within the National Parks, WildlifeSanctuaries and Reserve Forests under their custodybut who protects forests within the jurisdiction of thedistrict council ? Further, do the present laws and alsothe resources at their disposal allow the districtcouncils to take the steps necessary for initiating andachieving wildlife conservation and if they do, do thedistrict councils have the capacity and theinfrastructure to undertake all this ? These are someof the questions we wanted answers to when weinitiated this project.

It was imperative therefore that these doubts arecleared so that a roadmap for initiation ofconservation activities in the district councils could becharted. A full review of the prevailing laws and theirorigins was conducted. This also involved meetingwith members of the executive council to understandtheir views on the subject and also the constraints theyfaced in initiating wildlife conservation in their

respective areas. There were also certain issues withthe central laws on forests and wildlife and theirapplicability in the district councils. In the case of theBodoland Territorial Council (BTC), the nomenclatureused was different from that of an ‘AutonomousDistrict Council as in Garo Hills or the ‘AutonomousCouncil’ as in Karbi-Anglong. Was this a difference innomenclature only or did this imply differences in theway each functioned and how these then translated toinitiating and achieving conservation ?

We initiated work in the Garo Hills AutonomousDistrict Council (GHADC) area with three pre-determined activities. i) It was important to know thestate of forests in the Garo hills and thus maps weregenerated using satellite images which were thenground truthed. This provided us a distribution of theforest resources within the GHADC and the extent ofdifferent types of forests available. ii) We also wantedto know how dependent the local people were on theforest resources and a questionnaire survey was

Fig 1. WTI and GHADC officials discussing conservation strategies in Tura


conducted covering the whole of the Garo area toaddress issues of energy, wildmeat, incomes etc. iii)We studied peoples, perception on the issues ofwildlife conservation and governance so that thesecould be communicated to the community leadersand policymakers. For this a questionnaire surveywas undertaken.

To understand the efforts of GHADC to conservethe forest and wildlife, existing policies andconstraints faced by the Council, a formal meetingwas organised on June 30, 2006 attended by over 25members of the District Council (MDC) and fiveofficials of WTI. The meeting was a forum to discussthe conservation of wildlife in ADC control led areas.A wide range of issues viz., awareness, potentialthreats to forests and wildlife in Garo Hills,identification of ecologically sensitive area andfinancial issues were discussed. One of the majoroutcomes of this and that of a subsequent meetinghas been the formation of a Wildlife MonitoringCommittee for the forest areas under theirmanagement and control (vide notification No.CF.430/CW/ADC/06/3252-58, dated 21.12.2006). Atthe request of WTI and working with the local people,GHADC has also declared a part of the A’king forestat Selbalgre as Village Reserve forest.

Wildlife Trust of India has been working in theGaro Hills since 2001 when it first provided anti-poaching and enforcement training for the forest staffof Garo Hills and equipped them with basic kits foreffective management of Protected Areas and Reserveforest. In 2002, to address the issues of elephanthabitat fragmentation and shrinkage and its negativeeffect on elephant conservation and as part of theNational Project to identify and groundtruth theelephant corridors, all the elephant habitats of thestate were intensively surveyed and the status of thecorridors identified. This was documented in thereport published in 2005 entitled “Right of Passage:elephant corridors of India”.

One of the crucial bottlenecks in the Garo HillsElephant Reserve for the movement of elephants is thenarrow passage across the river Simsang that connectsSiju Wildlife Sanctuary on the east bank of the river tothe Rewak Reserve forest on the west. This facilitatesthe movement of elephant from Balpakram NP andSiju WLS to Rewak, Angratoli and Imangiri ReserveForest and Nokrek National Park (Williams &Johnsingh,1996, Gurung and Lahiri-Choudhury, 2000,Tiwari et al, 2005). Realizing the importance of this

corridor and potential threats, Wildlife Trust of Indiainitiated a project in 2003 to secure the corridor byworking with the local community. The positiveefforts of the local people, forest department, GHADCand WTI have resulted in securing the major part ofthis corridor.

Thus, in collaboration with the Garo Hills ADC,forest department, local people, Nokmas and otherNGOs working in Garo Hills, Wildlife Trust of Indiais making an effort to restore the landscape betweenNokrek (including fringe areas) and Balpakram toafford a better habitat for wildlife and help reducehuman-wildlife conflict.

This compilation comprises of chapters dealingwith all the above matters. The first section deals withtrying to understand the powers of the GHADC in theadministration of its wildlife thereby bringing intodiscussion, provisions of all the central acts like theWildlife (Protection) Act, the Forest Conservation Actand the Bio-diversity Act. This section also makesreferences to certain landmark decisions affectingforest conservation and their possible impacts onconservation in the region.

The next section deals with the surveys on forestavailability through forest type and land use mapsgenerated from satellite images. This section providesan insight into the extent of forests left and theirdistribution. The resource extraction chapter dealswith how forest resources are utilized by local peopleand how dependent they are on the forests followedby perception of the local people and policy makerson wildlife and forest conservation.

The last section deals with protecting the Nokrek-Balpakram landscape by securing the elephantcorridors to facilitate movement of elephant and otherwild animals between the major habitats and joiningthe small patches of forest fragmented by jhummingand other activities.

The joint partnership between Wildlife Trust ofIndia, the Garo Hills Autonomous Council, theMeghalaya forest department, British HighCommission and World Land Trust, who providedfinancial assistance for these projects, has made aneffort to complement the rich conservation traditionsof the Garos. This is a small step in achievingsustainable conservation practices in the region butmany more steps need to be taken to make thishappen.


Forest Survey of India (2001). State of Forest Report.Forest Survey of India. Ministry ofEnvironment and Forests, Govt. of India.Dehra Dun.

Gurung, S. and Lahiri Choudhury, D.K. (2000). ProjectElephant-human conflict in Asia state report onMeghalaya, India. Part-I. Asian ElephantResearch and Conservation Centre

Hilaluddin, Kaul, R. & Ghose, D., 2005. Conservationimplications of wild animal biomassextractions in Northeast India. AnimalBiodiversity and Conservation, 28.2: 169–179.

Mittermeier, Russell A., Patricio Robles Gil, MichaelHoffman, John Pilgrim, Thomas Brooks,Cristina Goettsch Mittermeier, John Lamoreux,and Gustavo A. B. da Fonseca (2005). Hotspots

Revisited: Earth's Biologically Richest and MostEndangered Terrestrial Ecoregions. ConservationInternational. 392 p

Olson, D.M., and E. Dinerstein (1998). The Global 200:a representation approach to conserving theEarth's most biologically valuable ecoregions.Conservation Biology 12:502-515.

Tiwari, S.K., Karyong, Sunil S., Sarkar, P., Choudhury,A. U. and Williams, A.C (2005). ElephantCorridors of North-eastern India. In. Menon,V., Tiwari, S.K., Easa, P.S. and Sukumar, R. eds.Right of Passage: Elephant corridors of India.Wildlife Trust of India, New Delhi.

Williams, A. C. and Johnsingh, A. J. T. (1996).Threatened elephant corridors in Garo Hills,north-east India. Gajah 16 : 61-68.

References

Fig 2. Garo girls in traditional attire

CHAPTER II

Geographical location

The state of Meghalaya lies between 25°47' to26°10'N latitudes and 89°45' to 92°47'Elongitudes in the northeastern state of India.

This land locked plateau has a highly dissected andundulating topography, especially in the western andthe northern side. However, the southern side ischaracterized by continuous escarpments with steepslopes. The state has a 496 km long internationalboundary with Bangladesh in the south and westwhile northern and eastern sides are bordered by thestate of Assam (Fig.1). Meghalaya was carved out ofAssam as an autonomous state on April 2, 1970 and

was declared a full-fledged state of the Indian Unionon January 21, 1972. The state of Meghalaya comprisesof the Khasi, Garo and Jaintia hills. A summary of thedemographic profile is given in Table 1.

The Garo Hills of Meghalaya consist of threedistricts viz., East Garo Hills, West Garo Hills andSouth Garo Hills (Fig. 2). The highest point of Garohills is the Nokrek peak with an altitude of 1412mabove msl. The total area of Garo Hills districts is8,167 km2, which is 36.4% of the total area of thestate. The areas of East, West and South Garo Hillsdistricts are 2,603, 3677 and 1,887 km 2,respectively.

A brief profile of Meghalaya

Table 1 Summary of state statistics

{Souce : Directorate of Economic & Statistics 2002}

Kiranmay Sarma


Fig

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ap

of

the s

tate

of

Meg

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Fig. 2 Map of the three Garo Hills districts of Meghalaya


Climate

The climate of the Garo Hills is monsoonal and isdirectly influenced by the south-west monsoon. On thebasis of climatic conditions the year may be dividedinto summer, rainy, autumn and winter seasons. Thesummer season (April to mid May) is characterized byrelatively high temperature, occasional thunderstormsand high velocity winds. In this season, the averagemaximum temperature goes upto 30.7º C. The rainyseason commences with the onset of the south-westmonsoon in mid May and lasts upto September. This isthe wettest period of the year and about three fourthsof the total annual rainfall is received during thisperiod. The mean annual rainfall is 2400 mm. Theambient temperature is close to that of the summerseason. The rainy season is followed by a brief autumn(October and November) which is characterized by asharp decline in rainfall and lowering of temperature.This is a transitory period between rainy and winterseasons. The winter season (December to March) is thecoldest period of the year. Morning fog and dryweather are the characteristic features of this season. Afew intermittent light showers are also received duringthis period. The mean temperature goes down to 7.5ºCduring mid winter i.e., December/January.

Soil

The soil of Garo Hills district varies from dark brownto dark reddish-brown in colour and its texture variesfrom loamy to fine loam. The soil is poor in silica butrich in clay forming materials. The soils are rich inorganic matter and nitrogen but deficient inphosphorous and potassium. The soil of the district isacidic in nature (Sarma, 2002).

Demography

Demographic statistics

The tribal population of Garo Hills districts is 97.3%against the state tribal population of 80% (2001 StateCensus). The decennial growth rate of the tribalelements in Garo Hills districts is 24.50% against thestate growth rate of 29.40%. The male-femalepopulation, decadal growth rate, sex ratio and densityare given in Table 2 and details of the area, rural andurban, child male-female population are given inTable 3.

Literacy

East Garo Hills district has maximum literacy(61.70%) followed by South Garo Hills (55.82%) andWest Garo Hills districts (51.03%). The literacy rates ofthe Garo Hills districts and the state is shown in Table4. The literacy rate is lower in the Garo Hills ascompared to the state average.

People

The Garo Hills districts is dominated by the Garotribe, while other tribes like Hajong and Rabha arealso found in small numbers in isolated pockets, inareas bordering Assam. The matriarchal law ofinheritance, by which custody to property andsuccession of family position runs through thefemale line passing from the mother to the youngestdaughter, is a common cultural tradition of Garotribes. Christianity, Animism (the worship ofnature deities and other spirits), Hinduism andIslam are the main religions. Traditional customsare maintained, and religious festivals include

Table 2 Population, decadal growth rate, sex ratio and density - State and Garo Hills Districts, 2001

Source: Census of India 2001


varied forms of dance and are an important elementin the local culture. Wangala is the prominentfestival of the Garos and is dedicated to the SunGod. The area is rich in tribal culture and folklore.Drinking and dancing to the accompaniment oftraditional music, bamboo flutes, and drums are anintegral parts of religious ceremonies and socialfunctions. The advent of Christianity in the mid-19th century, along with its strict morality, hassomewhat weakened many of the tribal institutions.

The Garo Group is a part of the greater Bodo-Kacharifamily both by ethnic group and language. Their presentlocation enabled them to maintain many of their traits andcharacteristics. Significant changes came only after theBritish colonization of the area in the first half of thenineteenth century. However, the inhabitants of thefrontier regions, displayed significant influences of theEast Bengal Province and Assam. Geographically, the Garotribes have two divisions viz., those living in the plains andthose living in the hills. There are twelve main divisions of

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

Table 4 Literates and literacy rates in different districts of Meghalaya

[Source: Census of India-2001]

[Source: Census of India-2001]


the Hill-Garos and about six of the Plain-Garos. The Garosare mainly divided into three ‘exogamous’ clans called‘Katohis’: the Momins, the Maraksand Sangma as well as thesubdivision known as the Machong. Exogamy is amarriage rule that requires an individual to marry outsidea specific social group of which he or she is a member.

The Garo tribal groups consist of the followingsub-tribes.

Ambeng – in the western part including TuraAtong – in the lower Simsang valley Matchi – in the upper reaches of Simsang valley Dual – in upper Simsang valleyAkawa – in the north-eastern parts extending uptoGoalpara and Kamrup in AssamChibok – in upper Bhugi valleyRuga – in lower Bhugi valleyChisak – north of Matchi and Dual in the central

highlandsGaro - Ganching– in the southwestern parts and

west of AtongKotchu - in the eastern partsKoch - in the southwestern parts

Besides these there are other sub-tribes like theMegamo in the mid-western parts and the Dikos.

Hajongs: The Hajongs seem to have their originalhome in the Garo Hills. They belong to the DravidianGroup of Indo-European family of races. In ancienttimes, the Hajongs as a clan had a matrilinealorganization known as ‘Nikini’. According to theirlegends, they descended from the HimalayanMountains.

The Hajongs call themselves Hindus. They aredivided into two groups, viz., ‘Boyabochari’(Sakta) and ‘ Parmathy’ (Vaishnab). They arefurther sub-divided into several exogamousgroups. Durgaand Kali are their principal deities.

Administrative units

Districts and headquarters

The Garo Hills comprising of three districts i.e., East,West and South are further divided into CommunityDevelopment Blocks (Fig 3). The geographical areaand the headquarters of the districts and CD blocksare shown in Table 5.

Table 5 Area, population, number of township and headquarters of districts

[Source: Directorate of Economics & Statistics-2002]


Fig. 3 Map showing blocks of the Garo Hills districts


Apart from the district administration andheadquarters, the functional units of the districts aregiven in Table 6.

Forest institutions

Two major modern institutions responsible for forestmanagement in Meghalaya are the State ForestDepartment and the Autonomous District Councils.The Forest Department of Meghalaya encompasseswithin its jurisdiction, all forested areas of the stateexcluding those areas vested with the DistrictCouncils. The Forest Department started with twoforest divisions, the United Khasi and Jaintia HillsDivision and the Garo Hills Division. However, atpresent the forest department has 17 divisions and 3more divisions, are likely to be established. Thepresent thrust of the forest department is on allround restoration of the forest ecosystem. The actionplan envisages creation of public awareness andgreater involvement of people in afforestationprogrammes.

The Autonomous District Council encompasseswithin its jurisdication, all areas outside NationalParks, Sanctuaries and Reserve Forests and mainlycomprises of Community and private forests.

Forest Administration

Meghalaya has an estimated forest area of 9,506 sq.km, of which only 725.13 sq. km. (7.6%) is under thecontrol of the State Forest Department. Theremaining forest areas are under the direct/indirectcontrol of Khasi, Jaintia and Garo HillsAutonomous District Councils. The management ofreserve forests is through the working plansprepared by the State Forest Department. Theprotected forests are maintained to preserve thecatchments areas.

Types of Forests under the jurisdiction of

the District Councils

There are three kinds of forests under the jurisdictionof the District Councils:

i) Old un-classed State Forests, which are underthe direct control of District Councils

ii) Clan/Community forests andiii) Private forests

The control of District Councils on second andthird categories of forests is limited only to thecollection of royalty on the timber exported by theowners, outside their own area of trade.

Land use

Land use classification

The land use and ownership varies from society tosociety depending on their cultures. The beliefs,traditions and taboos also determine the landutilization pattern in the region. However, spatialand temporal variations in physical environment,climate, soil conditions, topography and naturalvegetation play a significant role in deciding thetype of use a land is put under. For example, theland on hill slopes is either covered by forests orhas been brought under shifting agriculture, whilesettled agriculture is practiced on the plain landsin the valleys. The land categories are shown inTable 7.

The land under forests was 42.4% (9500.0 km2)during 1997-99. The lands available for agricultureinclude the current fallow land, old fallow lands andthe net sown area. The total area available foragriculture was 22% (4944.3 km 2). The other

Table 6 Administrative Units

[Source: Directorate of Economics & Statistics-2002]


cultivable land excluding fallow land includes theland under miscellaneous tree crops and groves andthe cultivable wasteland. The area undermiscellaneous tree crops and groves was 7% (1550.25km2) during the year 1998-99 while the area undercultivable wasteland was 20.8% (4656 km2) during1998-99. The land not available for cultivation iscategorized as non-agricultural land, barren anduncultivable land.

Land ownership patterns of Garos

The UNO report on progress in land reform (1970) hasgiven the definition of ownership of land as “the right touse land, together with the right to transfer that right toothers. Both of these rights are more or lesscircumscribed by national or local laws, so that the exactcontext of ‘ownership’ varies from society to society”.

The pattern of land ownership plays an importantrole in land use and agricultural planning. Anunderstanding of the land ownership and relatedlaws gives an insight into the problems faced by the

society in implementing agricultural developmentand land use planning. The form of land ownershipand the accompanying laws in Meghalaya are quitedifferent from those in other parts of the country.Even in Meghalaya these differ from place to placeand from tribe to tribe. Land ownership inMeghalaya is broadly of two types, viz. 1) Riotwary,and 2) Customary. The principle of Riotwary systemis that the government deals directly with the actuallandholder without the intervention ofintermediaries. Customary land tenure system istotally different from Riotwary system. In customaryland tenure, the right to use or to dispose of use rightover land depends on whether such rights have beenrecognized as legitimate or not by the community.The rules governing the transmission of these rightsare usually explicit and generally known.

In the Garo Hills, the Riotwary system isprevalent in the mauzas with plain lands, and thecustomary land tenure system is prevalent in the hillmauzas. The existing pattern of land ownership inthe Garo Hills is related to the type of cultivation

Table 7 Classification of area under different land uses in Meghalaya

[Data source: Directorate of Agriculture, Government of Meghalaya, 2001


practiced in the area. Everybody has the usufructaryright on land, i.e., they have the right to use landwithout possessing the actual ownership. But withthe introduction of wet-rice cultivation that makesprivate ownership of the land essential, therefore,private ownership is on the increase. In many casesprivate ownership is associated with permanentholdings. But unlike other peasant societies in theplains elsewhere in India, the Garos, even if theypossess some sort of permanent holding, cannottransfer it to outsiders (non-natives) if the holding, isa part of Aabhang land, i.e., the village territory undera Chief.

Forest

Meghalaya is a treasure house of vast naturalwealth. Forests of different type viz., tropical, sub-tropical and temperate forest occur. Variedtopography, climatic and edaphic conditions of thestate favour the diversity of vegetation. Soilcharacteristics which affect the distribution, varietyand richness of species, varies from place to place.However, wanton destruction of forests, like in mostother parts of the country, has diminished the state’snatural wealth.

According to the State Forest Report (FSI. 2001)the forest cover of the state was 15, 584 . km 2 Thisaccounts for around 69.5% of the state’s totalgeographic area. Per capita forest area in the statewas 0.64 hectares compared to the national averageof 0.11 hectares. The Reserved Forest, ProtectedForest and National Parks under the control of thestate government cover only 1124 km2 while 8372km2 is Un-classed Forest, managed by AutonomousDistrict Councils and private owners.

Agriculture

Almost the entire state has been or is beinginfluenced by shifting cultivation, except for somepockets of valley bottomlands, and reserve forests.Shifting cultivation is a type of agro forestry, and isthe most widespread farming system involvingsequential rotation of forest vegetation andcultivated crops. It is characterized by clearing apatch of forest by slashing and burning vegetation,before planting crops for a year or two, and thenleaving the land fallow for a long period to allow theforest to regenerate. There are wide variations inthis general pattern. This farming system has beenan object of continual reproach by agriculturalexperts and development agencies for supposedlybeing destructive of the forest and soil fertility.

Those who are not aware of their complex socialmechanisms of preventing despoliation of foreststend to explain their practice of periodic forestclearance as an example of ‘the tragedy of thecommons’. However, in the face of all oppositionfrom agricultural experts and in spite ofgovernmental programmes to phase it out, shiftingcultivation (Jhum) has remained popular amongmost hill tribes in the humid tropics. The systempersists because local farmers find it moreproductive than any other farming system on thehill slopes.

Scientific literature has generally condemnedJhum as destructive to the soil, forest andbiodiversity. This is sometimes also upheld as anevidence of how indigenous peoples have blindlydestroyed their environment. Agricultural expertsallude to the presumed un-sustainability of thistype of primitive agriculture to justify agriculturalmodernization and development. However,several studies have shown that traditionalmethods of shifting cultivation causes the lowestamount of soil erosion, even on steep hill slopes,compared with any other land clearing and tillagesystem (Lal, 1987; Ramakrishnan, 1992; Forsyth,1994 ). Soil erosion is minimized by a brief periodof exposure of the soil after burning, mulching,negligible or no tillage and traditional preventivemeasures like horizontal placing of unburnt logsacross the slope (Mertz., 2002). The environmentalimpact of shifting cultivation depends more on thelength of fallow and the pace of regeneration of theforest during fallow period than on the standardslash and burn activity. The jhum cycle in the pastvaried from 20 to 30 years but due to the increase inpopulation the jhum cycle has now been reduced toaround 3-5 years.

In Meghalaya, 760 km2 land is under shiftingcultivation and about 14% of the population of thestate is involved in this activity. The practice ofshifting cultivation is highly prevalent in the GaroHills. Of the total number of house holds engaged inshifting cultivation in Meghalaya, 74% are from theGaro Hills alone (Table 8). Jhum is practiced ataltitudes between 100 and 1600 m.

Cropping pattern

Mixed cropping is a common feature in shiftingagriculture. Yam, cucumber, watermelon and othervegetables are commonly grown during the kharifseason while during the rabi season beans, cabbageand mustard are grown in the same plot of land. The

Table 8 Number of jhumias in Garo Hills districts and the state

[Source: Soil & Water Conservation Department, Government of Meghalaya, 2000]

main crops under jhum cultivation are rice, maize,millets, oil seeds and cash crops. About 40 to 71% ofthe area of different districts of the state is utilizedfor cultivation of rice, 8 to 16% area for other foodcrops, 0.3 to 8.0% for oil seed crops and 14 to 40% forcash crops. Wheat and small millets are grown in

East and West Garo Hills districts and potato isgrown only on 1-2% of land. In the Garo Hills,tapioca, jute, mesta, cotton and banana are the majorcash crops. Seasame, rape and mustard are themajor oil seeds grown in jhumlands.

References

Forsyth, T. J. 1994. The use of cesium-137measurements of soil erosion and farmer’sperceptions to indicate land degradationamongst shifting cultivators in NorthernThailand. Mountain Research and Development14: 229-244.

Lal, R. 1987. Need for approaches to and consequencesof land clearing and development in thetropics. pp. 15-27. In: IBSRAM, Tropical LandClearing for Sustainable Agriculture. Proceedingsof an IBSRAM Inaugural Workshop (Jakarta andBukittingi, Indonesia, 27.8 – 3.9. 1985).IBSRAM. Bangkok.

Mertz, Ole 2002. Rethinking the fallow-yieldrelationship in shifting cultivation.Agroforestry Systems. 55: 149-159.

P.S. Ramakrishnan, 1992. Shifting agriculture andsustainable development: An interdeciplinarystudy from northeastern India, MAB Series, Vol10, UNESCO, Paris

Sarma, K. 2002. Coal mining and its impact onenvironment of Nokrek Biosphere Reserve,Meghalaya. Ph.D Thesis. North-Eastern HillUniversity. Shillong. India.

Canopies and Corridors22

CHAPTER III

Introduction

In 1996, the Supreme Court of India suspended thefelling of all trees from all forests across thecountry and specifically in the North East. The

Supreme Court clarified that the order would beapplicable to all forests irrespective of ownership andclassification and that it would also apply to forestsunder the Control and management of GaroAutonomous Council and other AutonomousCouncils. The Supreme Court’s order had far reachingimplications on the management of forests by theGaro Autonomous Council and District Councils andperhaps for the first time, attention was focused onthe role played by the District Councils in themanagement of forests. For many observers and evenecologists, it was a surprise that vast areas of forestswere not under the control of the forest department ofthe State Governments but rather vested with tribalbodies, communities as well as individuals.

The Supreme Courts’s order met with mixedreaction. It did, however, raise fundamental questionsabout the nature in which the forests were beingmanaged by District Councils. An offshoot of this orderwas that if there was lack of management of forests,what was the condition of ‘wildlife’ since even theSupreme Court order did not cover the crucial aspect ofwildlife conservation, though one can argue that ifforests are adequately protected, the wildlife will also beprotected.

It is ironic, that despite large areas of forests beingunder the control of District Councils, theConstitutional and Legal framework does not provideany role for the District Councils in the protection andconservation of wildlife.

However, despite this Constitutional reality, legaland administrative policies have failed to focus onthis crucial role of District Councils and seem toproceed with the assumption that all lands aremanaged by the State Governments. Different policiesand action plans such as the National Wildlife ActionPlan, 2002 also makes no mention of the role of theCouncils despite the fact that some of the mostimportant wildlife sanctuaries, national parks as wellas tiger reserves are under the control of thesecouncils. Recent amendments in the Wildlife Act haveprovided greater space for NGOs, Communities andMembers of legislature but unfortunately provide nodirect role for these councils.

The aim of the present work is to identify gaps inthe existing conservation laws and policies in order toensure a meaningful and effective role of GaroAutonomous Council. The aim is to provide specificareas of concern which need to be addressed throughpolicy, legal and administrative changes.

The present study aims at the following:Outline the gaps in existing laws with respectto the role and responsibility of the GaroAutonomous Council in conservation ofwildlife and forestsShare the experiences of the GaroAutonomous Council in managing forestsand wildlife.To identify as to whether there is any ‘role’envisaged in law and policy for GaroAutonomous Councils and especially in theWildlife (Protection) Act, 1972, the Forest(Conservation) Act, 1980 and the BiologicalDiversity Act, 2002.

Forest and wildlife conservation in Garo Hills autonomous

Ritwick Dutta

district council- a policy analysis


To make recommendation for changes withinthe existing laws and policies or to make useof existing spaces so that the purpose ofwildlife conservation is achieved.

The purpose of the study is not to make a wish listof all that is desirable but rather a realistic suggestionwhich is reasonably achievable within the existingpolitical, administrative and constitutional framework.

District councils

The District Councils are a creation of the Constitution.It is peculiar to the Sixth Schedule of the Constitutionand has no parallel in any other provisions includingthe Fifth Schedule which concerns the Tribal areas inregions excluding the North East. The Sixth Schedulehas been termed as a “Constitution within aConstitution”. There were lengthy debates in theConstituent Assembly when the question of providinga proper constitutional set up for the tribal areas ofNorth East was debated. A Sub Committee headed byShri Gopinath Bordoloi, the Premier of Assam wasformed on 27th February, 1947. The Committee madefield visits to different parts of Assam and once thereport was laid before the Constituent Assembly,serious opinions were expressed both for and againstthe need for autonomous councils. According to Dr.Ambedkar, the Chairman of the ConstituentAssembly, the tribal people of Assam differed from thetribals in other other areas. Their laws of inheritance,laws of marriages, custom etc were quite differentfrom that of the Hindus. He felt that the position of thetribals in Assam was somewhat analogous to that ofthe Red Indians in the United States who are aRepublic by themselves in that country and wereregarded as a separate and independent people. Heagreed that Regional and District Councils be createdon the lines which were adopted by the United Statesfor the purpose of the Red Indians.

Originally, the Constitution provided only forDistrict Councils in the Tribal States of the North East.At present the following situation exists with respectto the Sixth Schedule:

In case of Meghalya, “Autonomous DistrictCouncils” (ADC’s) exist. The ADC’s in Meghalayaretain almost the same powers and functions as wereconferred originally in the constitution. In comparisonto the other Tribal Councils, the ADC’s of Meghalayahave the least number of subjects allocated to it. It alsodoes not exercise executive powers with respect toReserved Forests, National Parks and Sanctuarieswithin its domain.

Despite all the Councils been constituted under theSixth Schedule, the powers and functions differconsiderably.

(Note: for a sake of uniformity, in this work a commonword “Tribal Council” is being used for AutonomousCouncils, Autonomous District Councils or TerritorialCouncils)

Conservation laws and Garo

Autonomous Council

The conservation laws of India are essentially a postindependence development. Although there were arange of laws on forests as well as wildlife, there werenone dealt in a holistic way with the issue ofconservation and protection of the natural ecosystem.The enactment of the Wildlife (Protection) Act, 1972(‘Wildlife Act’ for short) was the first importantmilestone in the development of conservation laws inIndia, when for the first time a comprehensive law toprovide for protection of wildlife on a national levelwas enacted. The enactment of the Wildlife Actreflected a strong commitment and willingness onthe part of the political leadership to deal with a crisiswhich had emerged in the country after Independencedue to lack of regulation of hunting as well as well asa breakdown of customary and traditional normsunder the influence of both democracy as well as thegrowing level of industrialization.

From 1972 to the next two decades there weresignificant legal developments in the field of forests andwildlife. The Forest (Conservation) Act, 1980 wasenacted which aimed to regulate the diversion of forestland for non forest activity. The Environment(Protection) Act, 1986 was enacted to deal with a rangeof environmental issues. In 2002, the Biological DiversityAct, 2002 was enacted which provided not just forconservation but also for sustainable use as well asbenefit sharing of the biological resources. An interestingpoint that emerges after perusal of these laws, is thatalthough Municipal bodies, Panchayats and even NGOshave important role in the implementation of these laws,the very mention of District Council is not evident. Thelegal regime seems to have been based on the model ofCentral, State as well as local bodies which are mostlyconfined to Panchayats. This omission in the originallaw as well as subsequent amendments seriouslyundermines the importance as well as powers andfunctions conferred on the Tribal Councils.

Since 1996, the Supreme Court has played a majorrole in ensuring that the laws enacted for theprotection of forests and wildlife are implemented inletter and spirit. This was possible due to twosignificant cases viz. The Centre for Environmental Law


Vs Union of India (W.P (c) 202 of 1995 and the T. NGodavarman Thirumulpad Vs Union of India. (W.P (c) No202 of 1995). Significantly, the Supreme Courtrecognized the importance as well as the crucial roleplayed by the Tribal Councils and clarified in its orderthat in respect of its orders passed with respect to theprotection of forests the word “State Government’will include ‘District Councils’1.

A perusal of the provisions of the differentConservation as well as natural resources law vis a visthe role of the Garo Autonomous Council will revealgap areas which needs to be addressed and at thesame time identify areas where the Garo AutonomousCouncil can play a role in protecting forests andwildlife within the framework of the existing laws.This section also focuses on the role of the GaroAutonomous Council in creation of Protected Areas.

Wildlife (Protection) Act, 1972

The Wildlife (Protection) Act, 1972, was enactedinitially for the purpose of protecting wild animal andbirds. The scope changed over time and now muchwider, ensuring the environmental and ecologicalsecurity of the country. Unfortunately, despite thewider scope, the protection remains mostlyconcentrated in Protected Areas i.e national parksand sanctuaries and its scope for protection of wildlifeoutside the Protected Areas remains extremelylimited.

The Wildlife Act has been amended several times,the most recent being in 2006. New Authorities andBoards have been set up and new categories ofProtected Areas such as Community Reserves andConservation Reserves have been included. However,there is no direct mention of the Tribal Councils in anyof the recent amendments.

‘Wildlife’ occupies a rather anomalous positionwith respect to the Garo Autonomous Council.Originally ‘Wildlife’ as a subject did not exist as asubject either in the state list or the concurrent list andtherefore the lack of mention of ‘Wildlife” in the list ofsubjects over which the Garo Autonomous Councilcould make laws was understandable. However, the42 nd Amendment of the Constitution led to theinsertion of ‘Wildlife’ as item 17 A in List III of theConstitution i.e a subject on which both the Centreand the State could legislate. Yet, no specific changeswere made in the provisions of the Sixth schedule toaccommodate these changes and thus it came to beunderstood that Garo Autonomous Council had no

role vis-a-vis wildlife. The subsequent amendments tothe Sixth Schedule as well as changing nature ofAutonomy of the Tribal Council specially in the caseof Garo Autonomous Council also focus on ‘Forest’ assubject on which the Council have legislative,administrative and executive functions.

The Garo Autonomous Council has never enactedany laws to protect wildlife since they have beenconstitutionally given the power to make laws withregard to forests only. The non-entrustment of thepower to make laws by the Garo AutonomousCouncil for the protection of wildlife in the SixthSchedule by the Constitution makers can be explainedby the fact that when the Constitution was enactedthere was hardly any knowledge or awareness aboutthe ‘value’ of wildlife. However, it is unfortunate thateven after the enactment of the Wildlife (Protection)Act, 1972, no amendment has taken place to allow theGaro Autonomous Council or any other DistrictCouncil to make laws with regard to the protection ofthe wildlife. Also the various Government policies,projects and legislation with regard to wildlife havesimply assumed that most of the forest lands andwildlife habitat in the country is under the control ofthe State Forest Department and has overlooked theunique circumstances prevailing in the North Easternregion.

The analysis of the Wildlife Act is being done vis avis the Garo Autonomous Council in three respects:

The Role of Garo Autonomous Council in thedifferent authorities and bodies such as theState Board for Wildlife and National Boardfor Wildlife;The Garo Autonomous Council and itsrelation with the Chief Wildlife Warden;The role of Garo Autonomous Council in thecreation of Protected Areas viz. NationalParks, Sanctuaries, Conservation Reserve andCommunity Reserve.

Authorities and boards

State board for wildlife

Sec. 6 of WPA, 1972, provides for the provision toconstitute State Board for Wildlife with the followingduties to perform:-

(a) In the selection and management of areas tobe declared as protected areas;

(b) In formulation of the policy of protection andconservation of Wildlife and specified plants;

1Order dated 15-1-1998: T.N Godavarman Thirmulpad Vs Union of India


(c) In any matter relating to any schedule;inrelation to the measures to be taken forharmonizing the needs of the tribals andother dwellers of the forest with theprotection and conservation of wildlife; and

(d) in any matter that may be referred to its bythe State Government

SCOPE:

State Board of Wildlife has got crucial responsibilitiesregarding creation, management and protection withrespect to protected areas. The State Board comprisesof over twenty members including members ofLegislative Assembly as well as NGOs. However, norepresentation either in the form of elected membersof the Garo Autonomous Council or of officers of theGaro Autonomous Council are mentioned. Given, thepivotal role of the Garo Autonomous Councilspecially in respect of administration of NationalParks, Tiger Reserves and Sanctuaries under theircontrol, the representatives from the Council shouldbe included not only with a view to ensurerepresentation in the board but also with a view tofulfill the Constitutional scheme.

National board for wildlife

The Indian Board for Wildlife (IBWL) was thepredecessor of the National Board for Wildlife.However, the crucial and most significant differenceis the fact that while the NBWL is a statutory board,the IBWL was not. The NBWL headed by the PrimeMinister has vast powers, the most significant beingthe power to alter the boundaries of National Parksand Sanctuaries. Like the SBWL, the NBWL also haswide representation from different sectors.Unfortunately, no mention is made of the GaroAutonomous Council.

The chief wildlife warden

Under the provisions of the Wildlife Act, the ChiefWildlife Warden (CWLW) is a crucial authority. Byvirtue of Section 33, the ‘Chief Wildlife Warden shallbe the authority who shall control, manage andmaintain all sanctuaries. A plain reading of thissection seems to imply that the powers under Section33 can be exercised only by the CWLW and nobodyelse. However, Section 5 allows for the delegation ofall powers (except powers under Section 11 (1) (a)which deals with hunting of Schedule I Species) bythe CWLW with the approval of the StateGovernment. Thus, the authority to control andmanage Sanctuaries and National Parks and otherprotected areas can be delegated by the CWLW to the

concerned functionaries of the Garo AutonomousCouncil. Further, sub section (3) of Section 5 providesthat in situations wherein the powers of Chief WildlifeWarden are delegated, then the person so authorizedwill exercise those powers in the same manner and tothe same effect as if they have been conferred thepower directly and not by way of delegation.

One aspect on which the Chief Wildlife Wardenwill continue to exercise control over GaroAutonomous Council areas is in the respect ofpermission for hunting under Section 11 (1) (a) of theWildlife Act for species listed in Schedule I of the Actin exceptional circumstances i.e when the wild animalis diseased or disabled so as to be beyond recovery orhas become a danger to human life. Thus despite thelegal as well as Constitutional provision providing fordelegation of administrative and executive functions,the role of the CWLW in Garo Autonomous Area ispredominant.

Creating protected areas in Tribal Councils

Conservation Reserve

Purpose

Protection of landscapes, seascapes, flora andfauna and their habitat particularly:

(i) Those adjacent to National Parks andSanctuaries. And;

(ii) Also areas that link one Protected Area withanother.

“Protected area” has been defined in the Act tomean a National Park, a Sanctuary, a conservationreserve or a community reserve notified under Section18, 35, 36 A and 36 C of the Act.

In the selection of an area as a ConservationReserve, the choice is not to be exclusively limited tothose areas which meet the above criteria but alsoother areas.

Statutory ProvisionSection 36 A of the Wildlife (Protection) Act, 1972

as amended in 2002.

Power to declare conservation reserve

State Government has been vested with the powerto declare areas as Conservation Reserves. [Section36 A]. No corresponding power has been vestedeither on the Central Government (as is the case ofNational Parks or Sanctuaries) or any otherauthorities. However, if the land in question is


owned by the Central Government, the priorconcurrence of the Central government has to beobtained by the State Government before makingany declaration. Since the executive power withrespect to ‘Forests’ is vested with Garo AutonomousCouncils, in such a situation a declaration should bemade by the Council since declaration of aConservation Reserve is an executive function andnot a legislative function. Thus, the Tribal Councilsare very much within their right to declareConservation Reserves

Criteria to be followed in declaring an areaas conservation reserve

The land proposed to be declared must beowned by either the State Government or theCentral Government.A Single notification has to be issuedspecifying as nearly as possible the situationand limits of such area. It shall be sufficient todescribe the area by road, rivers, ridges andother well know or readily intelligibleboundaries.Unlike a Sanctuary (other than those createdout of Reserve Forests and Territorial Waters)and a National Park, no detailed procedure isstipulated for the declaration of aConservation Reserve.Prior approval of the Central Government willbe required if the land in question is ownedby the Central Government.In selection of areas as Conservation Reserve,priority has to be accorded to:

(a) Areas adjacent to National Parks andSanctuaries.

(b) Areas that link one Protected area withanother.

Consultation with local communities.

Setting up of Conservation Reserve ManagementCommittee (CRMC) for the respective ConservationReserve for the purposes of advising the ChiefWildlife Warden for conservation, management andmaintenance of that Conservation Reserve.

Rights of local communities

Since the land to be declared as Communityreserve has to be Government owned land, thenature and extent of pre-existing rights will besubject to the restrictions as are applicable to aConservation Reserve. The WPA does not envisagethe setting up of Conservation Reserves in privateor community land.

Nature of restriction after declaration of anarea as a conservation reserve

The nature of restrictions is similar to that of aSanctuary.

1. Every person shall, so long as he resides in aConservation Reserve be bound [as far as maybe] abide by the following :

a) to prevent the commission, in theConservation Reserve, of an offenceagainst this Act;

b) where there is reason to believe that anysuch offence against this Act has beencommitted in such Conservation Reserve,to help in discovering and arresting theoffender;

c) to report the death of any wild animal andto safeguard its remains until the ChiefWild Life Warden or the authorizedofficer takes charge thereof;

d) to extinguish any fire in suchConservation Reserve of which he hasknowledge or information and toprevent from spreading, by any lawfulmeans in his power, any fire within thevicinity of such Conservation Reserveof which he has knowledge orinformation; and

e) to assist any Forest Officer, Chief WildLife Warden, Wild Life Warden or PoliceOfficer demanding his aid for preventingthe commission of any offence against thisAct or in the investigation of any suchoffence.

f) No person shall, with intent to causedamage to any boundary-mark of aConservation Reserve or to causewrongful gain as defined in the IndianPenal Code, 1860 (45 of 1860), alter,destroy, move or deface such boundary-mark.

g) No person shall tease or molest any wildanimal or litter the grounds ofConservation Reserve.

h) Causing fire prohibited - No person shallset fire to a sanctuary, or kindle any fire, orleave any fire burning, in a sanctuary, insuch manner as to endanger suchsanctuary.

e) Ban on use of injurious substances. - Noperson shall use, in a Conservationreserve, chemicals, explosives or anyother substances which may cause injuryto or endanger, any wild life in suchsanctuary


Management and administration ofconservation reserveThe management and administration of theConservation Reserve vests in the Chief WildlifeWarden. A Conservation Reserve ManagementCommittee (CRMC] has to be constituted for eachConservation Reserve, The task of the CRMC is toadvise the Chief Wildlife Warden with respect to thefollowing functions with respect to the ConservationReserve

Conservation;Management; and Maintenance.

The function of the CRMC is thus advisory innature.

Composition of the CRMC

One representative of each Village Panchayatwhere the Conservation Reserve is located.Three representatives of NGO’s working inthe field of Wildlife Conservation.One representative from the Department ofAgricultureOne representative from the Department ofAnimal HusbandryOne representative of the Forest or WildlifeDepartmentThe representative of the Forest or Wildlifedepartment shall function as the MemberSecretary of the Committee.

Duties of the Chief Wildlife Warden

(CWLW)

The CWLW on the advice of the CRMC will conserve,manage and maintain the Conservation Reserve.

The CWLW (On the advise of the CRMC) shalltake such steps to ensure the security of wildanimals in the Conservation Reserve and thepreservation of the sanctuary and wild life, as hemay consider necessary for the improvement of anyhabitat.

Procedure for alteration of boundaries

No procedure has been stipulated in the WPA.However, the provisions of the Forest (Conservation)Act, 1980, will be applicable if any non forest use iscontemplated.

Comments and notes

Conservation Reserve has been introduced as a newcategory of protected area in the WPA, through theamendment in 2002. The statement of Objects andReasons of the Amendment Act, 2002 states that“Conservation Reserve” would be an area, owned bythe State Government adjacent to National Parks andSanctuaries…”. The statutory provisions however donot restrict it only to these categories and includeswider categories of areas. Conservation Areas more orless follows the legal regimes as are applicable toNational Parks and Sanctuaries. Although, arepresentative body in the form of a ConservationReserve Management Committee is established underthe WPA, it role is essentially advisory and the finalauthority still rests with the Chief Wildlife Warden ofthe State Government. The WPA envisagesdeclaration of only government owned areas asConservation Reserves and this in terms restricts theapplicability of this PA category.

The process of declaration is relatively simple,mainly due to the fact that the land in question isgovernment owned. The WPA does not howeverprovide for any system of inquiry and settlement norcompensation for those who depend on suchgovernment owned land and there is no procedure forthe proclamation as is followed in the declaration of asanctuary or national park. A single governmentnotification results in the declaration of aConservation Reserve and in that respect follows theprocedure of declaration of sanctuary out of an areacomprised of a reserve forests.

Conservation reserves and Garo

autonomous council

The moot question is whether the ConservationReserve is a viable option for the Garo AutonomousCouncil? It can be stated that broadly, the problem isthat there seems to an excessive emphasis on the roleof the Chief Wildlife Warden which can be in conflictwith the ‘autonomous’ character of the GaroAutonomous Councils. However, the ease ofdeclaration and simplicity of legal procedures incomparison to conventional national parks andsanctuaries are positive factors. The fact that thepowers and functions of the CWLW can be delegatedif the need is felt can help to resolve the issue withrespect to any fear of usurpation of the powers of theGaro Autonomous Council. As on date, noConservation Reserve have been declared by GaroAutonomous Council and therefore remains an optionthat needs to be explored specially in context ofreserved forests as well as other government owned

Canopies and Corridors

areas which serve as important habitats of wildlife oreven serve as corridors for wildlife.

Community reserve (Section 36 (c))

Purpose

Protecting fauna, flora and the traditional or culturalconservation values and practices in situations whereeither an individual or the community hasvolunteered to conserve wildlife and its habitat inareas that are not within any category of protectedareas or government owned land.

Statutory provision

Section 36 C of the Wildlife (Protection) Act, 1972as amended in 2003.

Power to declare community reserve

State government has been vested with the powerto declare areas as Conservation Reserves. [Section36 A]. Neither can the central government nor canany other authority including the local communityby themselves declare an area as a communityreserve. However, since in most instances byvirtue of accords signed as well as the provisionsof the Sixth Schedule, the executive power extendsto the subjects entrusted, the Garo AutonomousCouncil have power to declare CommunityReserves.

Criteria to be followed in declaring an

area as community reserve

The land proposed to be declared must beeither a community owned land or underprivate ownership.The land should not be a part of a nationalpark, sanctuary or a conservation reserve.The community or an individual should havevolunteered to conserve wildlife and its habitat.A notification has to be issued specifying asnearly as possible the situation and limits ofsuch area. It shall be sufficient to describe thearea by road, rivers, ridges and other wellknow or readily intelligible boundaries.A Community Reserve ManagementCommittee has to be constituted by the StateGovernment.

Management and administration of

community reserve

CRMC shall be the authority that shall be responsible

for conserving, maintaining and managing thecommunity reserve. Unlike the conservation reserve,it is not the CWLW who manages the communityreserve rather it is the CRMC. The role of the CRMC isthus not just advisory.

Composition of the CRMC

Five Representatives nominated by theVillage PanchayatIn the situation where no Village Panchayatexists the five representatives are to benominated by the Gram Sabha.One representative of the forest or wildlifedepartment under whose jurisdiction thecommunity reserve is located.

Function of CRMC

CRMC shall be the authority that shall beresponsible for conserving, maintaining andmanaging the community reserve.Preparation of management plan for thecommunity reserveImplementation of the management plan forthe community reserve.

Nature of restriction after declaration of an

area as a conservation reserve

The nature of restrictions is similar to that of asanctuary. It is stated that every person shall, so longas he resides in community reserve be bound [ as faras may be ] to follow the restrictions as stipulated forsanctuaries under the Wildlife Act. It is pertinent topoint out that it is clearly mentioned that the aboveprovisions shall “as far as may be apply to a communityreserve as they apply in relation to a sanctuary”. It istherefore important to remember that all theserestriction will not automatically extend to acommunity reserve.

Procedure for alteration of boundaries and

other changes

After the issue of the notification constituting an areaas a community reserve any change in the land usepattern of the reserve will require the followingprocedure

A resolution to that effect has to be passed bythe CRMC.The state government approval to the saidresolution passed by the CRMC.

29


Notes and comments

The statement of objects and reasons of the AmendmentAct, 2002 states that the state governments areempowered to declare areas which are under private orcommunity ownership as community reservesprovided the members of the community or individualsconcerned are agreeable to offer such areas forprotecting the wildlife together with the associatedtraditions, cultures and practices. The declaration of thecommunity reserve involves one single notification.Unlike a Conservation Reserve, no change in land use ispermitted once a notification has been issued underSection 36 C (1) of the WPA. However, similar to thecase of conservation reserve, no legal provision existsfor the denotification or alteration of the boundaries ofthe community reserve. Although, some restrictions asare applicable to sanctuaries are also applicable in acommunity reserve, however, the exact nature willdepend on the guidelines and other working Rules thatwill be prepared by the CRMC. Unfortunately, despitemore than five years having passed since theamendment Act has come into force, no guidelines havebeen issued thus rendering the provisions largelyredundant. The community reserve has the potential tobe more socially acceptable since it is not expected thatthe restrictions which are applicable to a sanctuary willalso be applicable to a community reserve, since theessential purpose of community reserve is not just theprotection of wild flora and fauna but also to preservethe traditional conservation values and practices. Assuch, community reserves are not envisaged as a “No-Use Zone” rather as stated in the “Objects andReasons”: areas which are to be managed on theprinciples of sustainable utilization of forest produce.The community reserve is a viable option for areasimportant from the viewpoint of wildlife and where thecommunity is willing to part with its land such as theNokma and Akhing land in the Garo hills ofMeghalaya. However, a uniformly composedCommunity Reserve Management Committee may notbe suited for all local cultural and political situations. Itis thus of utmost importance that the Wildlife Actprovides for spaces for local level indigenousinstitutions to functions as basic units for wildlifegovernance rather than imposing a structure whichmight be out of tune with the ground realities.

Judicial orders and its implication

In addition to the statutory laws, decisions of theSupreme Court also determine the management andadministration of protected areas. The mostsignificant of all the orders related to national parkand sanctuaries is the order dated 14/02/2000 in W.P202 of 1995 wherein the Supreme Court restrained theState Governments from ordering the removal of

dead, deceased, dying or wind fallen trees, drift woodand grasses etc from any national park or sanctuary. Italso stated that that if any order to the contrary hadalready been passed the operation of the same wouldbe stayed.

The Central Empowered Committee in its letterdated 2nd July 2004 explained that this provisionincludes

activities such as grazing and collection of NTFP from protected areas.

The MoEF through a circular issued to the StateGovernments further clarified that all rights,privileges and concessions in national parks &sanctuaries must also cease.

The Supreme Court by its order dated 25thNovember 2005 clarified that activities which areundertaken as per approved management plan andwere consistent with the provisions of the WildlifeProtection Act, 1972 & The National Wildlife ActionPlan as well as other such guidelines issued from timeto time were permissible in respect of national parkand sanctuaries. These restrictions come into playeven if final notification for the national park andsanctuary has not taken place.

It has to be empirically checked as to the groundlevel situation with respect to protected areas in theState of Meghalaya and Assam specifically in thecontext of the pre and post 14/02/2000 order. Existinginformation does not reveal much difference in thesituation although it needs to be more carefullyverified.

Recently, Supreme Court by its order dated14.9.2007 further clarified that the following activitiesare also permitted:-

(i) laying of underground drinking waterpipelines up to inch diameter;

(ii) laying of 11 KV distribution lines for supplyof electricity to rural areas;

(iii) laying of telephone lines or optical fiber forproviding communication facilities in ruralareas;

(iv) wells, hand pumps, small water tanks etc. forproviding drinking water facilities tovillagers, who are yet to be relocated from theprotected area.

In addition to the above, the Anganwadis,government schools and government dispensarieswhich are essential for the inhabitants of people whoare nearer to these forest areas shall continue and thegovernment may carry out construction activities in


the forest area for the said purposes without therebeing any cutting or felling of trees.

They further stated that following activities wereexpressly prohibited:-

(i) felling of trees and their removal;(ii) removal of bamboo or grasses for any

purpose whatsoever;(iii) removal of corals and other living forms from

marine national parks/sanctuaries;(iv) construction of tourist complexes, hotels and

restaurants, zoos and safari parks or anyother building not for direct use for protectionand management of wildlife and its habitat;and other non-forest activities.

Biological Diversity Act, 2002

The Biological Diversity Act, 2002 (the “BDA” forshort) has been enacted with the objective ofconservation of Biological Diversity, sustainable useof its components and fair and equitable sharing ofthe benefits arising out of the use of biologicalresources and knowledge. The BDA is unlike theWildlife Act for it recognizes the important role oflocal bodies in the implementation of the Act.

Garo Autonomous Council has wide scope inexecution and implementation of various provisionsof Biological Diversity Act, 2002. It comes under thepurview of the term ‘local bodies’; which has a majorrole in implementation of the provisions of said Act.According to Sec. 2(h) ‘local bodies’ meansPanchayats and Municipalities, by whatever namecalled, within the meaning of clause (1) of article 243Band clause (1) of article 243Q of the Constitution andin the absence of any Panchayats or Municipalities,institutions of self-government. Since, DistrictCouncils come under the purview of ‘institutions ofself- government constituted under any otherprovision of the Constitution or any Central Act orState Act’; it fulfills the definition of ‘local bodies’hence it can be covered under the Biological DiversityAct, 2002.

Unfortunately, the Biological Diversity Act, 2002has not been implemented by any of the TribalCouncils, whether of the Khasi, Garo, Karbi as wellas Bodo, despite these areas being biodiversityhotspots.

National biodiversity fund

In chapter VII Finance, Accounts and Audit ofNational Biodiversity Authority, Sec. 27 deals withConstitution of National Biodiversity Fund.

As per Sec 27 (2), the fund shall be applied for:-

(a) channeling benefits to the benefit claimers;(b) conservation and promotion of biological

resources and development of areas fromwhere such biological resources or knowledgeassociated thereto has been accessed;

(c) Socio-economic development of areasreferred to in clause (b) in consultation withthe local bodies concerned.

SCOPE: Sec 3(1) of the Sixth Schedule empowers GaroAutonomous Council to make laws with respect to,the management of any forest apart from reserveforest. The management of forest also includes‘conservation and promotion of biological resources’.Garo Autonomous Council is also responsible for thesocio-economic development of the area, so theNational Biodiversity Authority should disburse theNational Biodiversity Fund in consultation with them.

State biodiversity fund

Similarly, in Chapter VIII Finance, Accounts andAudits of State Biodiversity Board, Sec 32 deals withthe Constitution of State Biodiversity Fund.

As per Sec.32 (2) The State Biodiversity Fund shallbe applied for-

(a) the management and conservation of heritagesites;

(b) compensating or rehabilitating any section ofthe people economically affected by notificationunder sub-section (1) of section 37;

(c) conservation and promotion of biologicalresources;

(d) socio-economic development of areas fromwhere such biological resources orknowledge associated thereto has beenaccessed subject to any order made undersection 24, in consultation with the localbodiesconcerned;

(e) meeting the expenses incurred for purposesauthorized by this Act.

SCOPE: Garo Autonomous Council being a localbody, here also State Biodiversity Board shoulddisburse its State Biodiversity Fund in consultationwith them.

Biodiversity heritage sitesThe State Government, in consultation with the localbodies can notify in the official gazette, the areas ofbiodiversity importance as biodiversity heritage sites.(SEC.37 (1))


Purpose

Conservation and protection of areas ofbiodiversity importance. Biodiversity is defined as:

“Biological diversity means the variability among livingorganisms from all sources and the ecological complexesof which they are a part and includes diversity withinspecies or between species and of ecosystems”

Statutory provision

Section 37 of the Biological Diversity

Act, 2002

Power to declare biodiversity heritage sites :

State Government has been vested with the powerto declare areas as Biodiversity Heritage Sites.

Criteria to be followed in declaring an Area asBiodiversity Heritage Site

The areas should be important in terms ofbiodiversity.Consultation with local bodies. Local bodiesrefers to Panchayat and Municipalities, bywhatever name called, within the meaning ofClause (1) of article 243-B and clause (1) ofarticle 243 Q of the Constitution and in theabsence of any Panchayat or Municipalities,institutions of self government constitutedunder any other provision of the Constitutionor any Central Act or State Act.After consultation, a Notification in theOfficial Gazette specifying the limits andextent of the area.

Management and administration of

the heritage sites

The management of the Biodiversity Heritage sitesmay be done as per rules framed by the StateGovernment in consultation with the CentralGovernment.

Notes and comments

The BDA, does not provide for an elaborate processfor the declaration of an area as a BiodiversityHeritage Site. A notification is to be issued only afterconsultation with the local communities. Thus aSingle Notification is required for designating theBiodiversity Heritage Site.

Power of Central Government to notify

threatened species

Chapter IX deals with Duties of the Central and StateGovernment. The Sec. 38 of the Act provides power toCentral Government, to take all the necessary steps topreserve species by notifying them as a threatenedspecies.

SCOPE: The Central Government takes steps inconsultation with the concerned State Government.Since, the local bodies (Garo Autonomous Council)are involved in preservation and management ofbiological resources at both National and State level,they should also be included as a consulting body.

Biodiversity management committees

Chapter X deals with Biodiversity ManagementCommittees.

Section 41 states that every local body canconstitute a Biodiversity Management Committeewithin its area. The purpose of such Committee is topromote conservation, sustainable use anddocumentation of biological diversity includingpreservation of habitats, conservation of land races,folk varieties and cultivars, domesticated stocks andbreeds of animal and micro-organisms andchronicling of knowledge relating to biologicaldiversity.

SCOPE: Here, Garo Autonomous Council being alocal body can constitute a Biodiversity ManagementCommittees within its area and execute all the dutiesof the Committee stipulated in the Act.

Local biodiversity fund

Chapter XI deals with Local Biodiversity Fund.

According to Sec. 43 of the Act, a LocalBiodiversity Fund can be constituted at every areanotified by the State Government where anyinstitution of self-government is functioning.

SCOPE: Garo Autonomous Council is covered underthe phrase ‘any institution of self government’, hence,a local biodiversity fund can be constituted in thisarea.

Forest (Conservation) Act, 1980

Of all the laws on natural resources, the law which


seem to have had the maximum impact is the Forest(Conservation) Act, 1980 [‘FCA’ for short], whichwas enacted to check excessive deforestationthroughout the country. Initially, the GaroAutonomous Council and other Tribal Councils tookthe position with the support of both the State aswell as Central Government that they were beyondthe scope of the Act. This changed in 1996, with theSupreme Court holding that the provisions of the Actwould apply to forests under the management of theTribal Councils also.

The statement of object and reason of the act statesthat, ‘deforestation causes ecological imbalance and leads toenvironmental deterioration. Deforestation has been takingplace on a large scale in the country and it has caused widespread concern.’ The Forest (Conservation) Act, 1980(‘FCA’ for short) extends to the whole of India exceptthe State of Jammu & Kashmir. The FCA wasamended in 1988. Section 2 of the FCA, forms the coreand stipulates that no state Government or authorityshall make, except with the prior approval of theCentral Government, any order directing;

1. That any reserved forest (within the meaningof the expression “reserved forest’ in any lawfor the time being in force in that state) or anyportion thereof, shall cease to be reserved;

2. That any forest land or any portion may beused for any portion thereof may be used forany non-forest purpose;

3. That any forest land or any portion there ofmay be assigned by way of lease or otherwiseto any private person or to any authority,corporation, agency or any other organizationnot owned, managed or controlled by theGovernment;

4. That any forest land or any portion thereofmay be cleared of trees which have grownnaturally in that land or portion, for thepurpose of using it for reforestation.

Section 3(1) (b) of the sixth schedule deals with thepower of Garo Autonomous Council and otherAutonomous Councils to make laws with respect to“the management of any forest not being a reservedforest”; whereas the executive power of the DistrictCouncil in paragraph 6(2) extends to “any othermatter to which the executive power of the Stateextents”. It is pertinent to note that although DistrictCouncil cannot make a law on Reserve Forests it doesnot mean that it cannot have any executive powerwith respect to the management of a reserved forest.

However, such executive power of the District

Council is subject to the limitations indicated inArticle 162 of the Constitution, namely, such powerwill be subject to the provisions of the Constitutionand limited by the executive power expresslyconferred by any law made by the Parliament uponthe Union or authorities thereof. Such Executivepower of District Council is further subject to twoother limitations;

Firstly subject to the provisions of any existinglaw or any other law relating to reservedforest made either by Parliament or by theState Legislature or by both, andSecondly subject to the conditions, if any,imposed by the Governor while entrustingthe executive function in relation to forest orReserved Forest under paragraph 6(2) of theSixth Schedule.

Thus the executive power of District Council issubject to provisions of the Forest (Conservation) Act,1980 and the Assam Forest Regulation, 18912.

It was generally followed that the provisions of theForest (Conservation) Act, 1980 was applied only inrespect of the Reserved Forests declared by the StateGovernment.

With respect to this, following were theshortcomings:-

The saw mills and other wood based unitswere regulated under provisions of therespective Forest Act of the District Councilsand the rules framed there under. The system of working plans did not exist forforests beyond the working plan. The easy process of obtaining approval hasled to the large scale felling of trees in anunsustainable manner. The rules regarding transit were notstrong enough to protect and conserve theforests. Mining activities in forest areas outsideReserve Forests also continued withoutapproval from the Ministry of Environmentand Forest.

Hence the end result was large-scale destruction offorests which was repeatedly pointed out in differentState of the Forest Reports. It became clear that as faras the management of forests was concerned, the pre1980 situation and the post 1980 situation was notvery different. Broadly, the situation vis a vis the FCA,can be summed up as follows:

2Hills Syndicate v. North Cachar Hills Autonomous Council, AIR 2001 Gau 83.


FCA was not applied to forest land other thangovernment Reserved Forests.The District Councils and the forests withinits control were also outside its scope.The forests were managed in accordance withcustomary practices as well as statutory laws. No working plan existed for forests whichwere under the control of the DistrictCouncils as well as privately held or jointlyheld by Clans and sub clans.No prior approval for ‘Non Forest use’ offorest land were sought by the DistrictCouncils from the State Government who inturn had to seek clearance from the CentralGovernment.

Through judicial intervention, Supreme Court ofIndia passed various orders for the implementation ofthe Forest Conservation Act uniformly. The scope,implications and meaning of forest, forestland andforest conservation were reinterpreted by the ApexCourt. These have lead to significant changes in themanner in which the law was followed since itsinception in 1980 and more importantly itfundamentally affects the operation of the variousstate laws on forest as well as other natural resourceslaw. Of particular significance was its impact on theforest management systems in the Northeastspecifically those under the control of theAutonomous District Councils. Although, theSupreme Courts order covered almost all the states ofthe country, the North East received a special focus inview of the fact that it is a biodiversity hotspot andhaving a high rate of deforestation.

The changes in the interpretation, implementationand understanding of the FCA took place in view ofthe various orders passed by the Supreme Court inT.N.Godavarman v. UOI W.P. (C) No. 202 of 1995.

The most important order passed in the last 12 yearssince the commencement of the Godavarman Caseis theorder dated 12/12/1996 and in the context of Northeastit was followed by the order 15/01/1998. This orderclarified that the provisions of the FCA for theconservation of forest must apply to all forests andtherefore expanded vastly the scope of ForestConservation Act. In view of this order the FCA was notto be limited to areas recognized/ declared/ classifiedas forest in Government records but also to include allareas so far as they satisfied the dictionary sense.

Further, the Court issued various directionsspecifically with respect to North East Region. Themain highlights were:

All non-forest activities with in any forest in

any state through the country with out theprior approval of the Central Governmentmust cease forthwith. Every StateGovernment must promptly ensure cessationof all such activities forthwith. The felling of trees in all forest is to remainsuspended except in accordance with theworking plan of the State Government asapproved by the Central Government.A complete ban on movement of cut trees andtimber from any of the seven North EasternStates to any other State of the country.The provisions on the use of forestland fornon- forest purpose applied uniformly to allareas, which can be regarded as forest.Further, the Supreme Court made itmandatory to seek Central Governmentapprovals for all working plans. In order toidentify areas which can be regarded asforests the Court ordered for Constitution ofexpert committees with the specific task ofidentifying areas which are forest irrespectiveof whether they are so notified, recognized orclassified under any law an irrespective of theownership of the land of such forests. TheCommittee was also to identify areas, whichwere earlier forest but stand degraded,denuded or clear.

The Constitution of the Expert Committee was avery significant step in the sense that the criterionsadopted in regarding an area as a forest would bediffering from state to state as well as within theState. In addition to this expert committee the StateGovernments were also directed to file issues onissuing concerning sawmills, veneer mills andplywood mills operating within each state. It isinteresting to note that Court took a realisticapproach in directing that the particulars of the ‘realownerships of the sawmills be provided to the Court.This was mainly in recognition of the fact that inlarge parts in North Eastern India the legal ownerswere not the actual owners of saw mills, which weremainly operated and controlled by non-locals ornon-tribals.

Despite the order clearly stating that the word forestwould be applicable to all forest areas irrespective ofownership and classification there were stillmisconception regarding its applicability to theAutonomous District Councils. It was therefore clarifiedin a subsequent order dated 4.3.1997 that the order date12/12/1996 will apply to all Autonomous Hill Councils.

In order dated 15.1.1998, much emphasis was laidon the North Eastern States. By this order, it was


clarified that the orders passed by Supreme Court inGodavarman case with respect to North Eastern Statesare also applicable to District Council. In this order,the Supreme Court stated that even thoughproliferation of wood based industries has been themain cause of degradation of forest in the North East,considering the extent of forest and the dependence oflocal people on the forest region resources in theregion it is neither feasible, nor desirable, to bancompletely either the timber or running of woodbased industries. It was emphasized that the numberand capacities are to be regulated in relation to thesustainable availability of forest produce. Mostsignificantly it emphasize that industrial requirementhave to be subordinated to the maintenance of theenvironment and ecology as well as bonafide localneeds.

The major highlight of the order with respect to theDistrict Council was that the Forest under it should beworked in accordance with working schemes, whichshall specify both the programme for regenerationand harvesting and whose period shall not be lessthan five years. It was, however, clarified that theplantation schemes raised on private and communityholdings shall be excluded from these requirementsbut shall be regulated under respective state rules andregulations.

The Supreme Court by its order dated 8.1.2001 inI.A. No. 424 in T.N. Godavarman vs U.O.I W.P. (C).202 of 1995 emphasized on the partnership of all theStates to ensure the maintenance and improvement ofthe forest cover and provided forest compensation tothe forest-rich States. The Court observed, “It is to beborne in mind that taking an overall view it isimportant for the country that in certain areas wherenatural forest exist, the same should be preserved.The political boundaries are drawn for variousconsiderations but as far as the environment isconcerned, one has to take a holistic view and in thatview of the matter one cannot overlook the fact thateven though the national average of the forest cover islow, even that low figure is there because of thehigher percentage of the forest cover in the Hill Statesand in the State of Madhya Pradesh and in Northeastern States. Majority of the States in India fall shortof national average as far as the forest cover isconcerned. For the benefit of the said States also - nayfor the benefit of the whole region, it is important thatthere should not be any further depletion of the forestcover in these sensitive areas of Madhya Pradesh andin the Himalayas and the other sensitive areas like theWestern Ghats etc. In order to ensure thepreservation and regeneration of forests in theseareas, the Central Government should consider

whether the deficient States should not be asked tocontribute towards the preservation of the existingforest cover and compensation/incentive given to theforest-rich States to preserve and regenerate forest: Ina sense, there should be a partnership of all the statesto ensure the maintenance and improvement of theforest cover. This suggestion should be considered bya Committee of the Secretary (Finance) and Secretary,Ministry of Environment & Forests in consultationwith the Chief Secretaries of all the states and a reportsubmitted preferably within eight weeks. Although,most of the forest deficient states expressed theirinability to ‘compensate’ the forest rich states, theSupreme Court directed that in the absence of theStates willing to part with their money, the CentralGovernment should devise a scheme to compensatethe forest rich states.

This order was complied by the State and theSupreme Court by its order dated 26.9.2005 in T.N.Godavarman vs U.O.I W.P. (C). 202 of 1995, tooknotice of the compensation given to the forest richstates to preserve and regenerate forests and held,

“It would also be useful to make a mention of theorder dated 22nd September, 2000 passed by thisCourt which led to grant of sanction of rupees 1,000crores for maintenance of forest under the 12th FinanceCommission (2005-2010). The said order took note ofthe fact that felling of the trees is far in excess of whatwould be justified with reference to regeneration, andthe main cause is non-availability of sufficient funds.It also notices that even with regard to the felling oftrees as per working plans in the last three years, thecorresponding prescription for regeneration has notbeen implemented. It further notices that there cannotbe any felling without regeneration because that will,over a period of time, only result in forest vanishing.Further, the order says that the shortfall ofregeneration which has resulted in depletion of forestcover has to be made up. The court took note of thesuggestion that for regeneration there should be a jointventure between State of Madhya Pradesh, a statehaving a large forest area, and the CentralGovernment whereby the working capital, in wholeor substantially the whole, can be provided by theCentral Government and the regeneration ofdegraded forests carried out. Taking an overall view,it is important for the nation that in certain areaswhere natural forest exists, the same should bepreserved and at the same time the CentralGovernment should consider whether the deficientStates should not be asked to contribute towards thepreservation of the existing forest cover and thecompensation/incentive given to the forest rich Statesto preserve and regenerate forests. In a sense, there


should be a partnership of all the States to ensure themaintenance and improvement of forest cover. It wasobserved that this suggestion should be considered bya Committee of Secretary (MOF) and the Secretary(MOEF) in consultation with the Chief Secretaries ofall the States.

Para 14.25 of the 12th Finance Commission Reportdeals with maintenance of forest. Noticing that severalStates have represented that subsequent to therestrictions placed by this Court on exploitation of forestwealth, the forests have become a net liability for theStates rather than a source of revenue and maintenanceof forest has become a problem due to financialconstraints, these States pleaded that separate grantshould be provided for maintenance of forest.Recognizing that forest are a national wealth and thecountry as a whole has the responsibility in preservingthe said national wealth, the Commission decided torecommend a grant of rupees 1000 crores spread overthe award period 2005-2010 for maintenance of forest.This would be over and above what the States have beenspending through their forest departments. The amountwas distributed among the States based on their forestarea, to be spent for preservation of forest wealth. In thislight, it is not open to the State Government to contendthat the amount of NPV paid by the user agency shall behanded over to them.

Reference may also be made to report of the PlanningCommission (Chapter IX) relating to forestenvironments in Tenth Five Year Plan (2002-2007) whichhas taken note of the fact that sustainability is not anoption but imperative since without it environmentaldeterioration and economic decline will be feeding eachother leading to poverty, pollution, poor health, politicalupheaval and unrest. Environment cuts across allsectors of development. The rapid increase in greenhouse gases in the atmosphere, land degradation,deteriorating conditions of fragile ecosystems,deforestation, loss of biodiversity and environmentalpollution have become subjects of serious globalconcern. The overall impact of these phenomena islikely to result in depletion of ozone layer, change ofclimate, rise in sea-level loss of natural resources,reduction in their productivity ultimately leading to anecological crisis affecting livelihood options fordevelopment and over all deterioration in quality of life.From the above report, it follows that the deteriorationand consequently preservation of eco-systems cannot bearea or state specific and that utmost attention isrequired to be accorded to conservation of naturalresources and for improvement of the status of ourenvironments. The report notices the need to tackle theenvironmental degradation in a holistic manner in orderto ensure both economic and environmental

sustainability. Forests play an important role inenvironmental and economic sustainability. It takesnote of the forests being consistently and seriouslyundervalued in economic and social terms. It recognizesthat the economic value of the eco-system services of theforests is vast though it is extremely difficult to quantify.It takes note of the fact that generally much of the land-use decision that presently drives forest change takesrelatively little account of these values. The country'sforest resource is under tremendous pressure. Notehas been taken of the fact that India's biologicaldiversity is reflected in the heterogeneity of its forestcover. It is one of the 12 'mega-diversity' countries ofthe world. India is also at the meeting zone of threemajor zones of three major bio-geographic realms,namely, the Indo-Malayan (the richest in the world),the Eurasian and Afro-tropical. India also has the tworichest bio-diversity areas, one in the northeast and theother in the Western Ghats. The biological diversity isbeing conserved through a network of biospherereserves, national parks and sanctuaries, however, thechallenges for conservation emanate from populationpressures, adverse impacts of industrialization andintensifying threat from illegal trade.”

The decision of the Supreme Court and thesubsequent implementation of the same through theFinance Commission allocation is a significant step inrecognizing the need to compensate those stateswhich are maintaining a high forest cover. However,the Finance Commission seems not to haverecognized that within the Forest rich states of theNorth East, there are Tribal Councils which are moreforest rich in comparison to other regions of the stateand therefore system needs to be have been put inplace which ensures that the allocation reaches theconcerned Tribal Councils.

The sixth schedule and Garo

autonomous district council

Like many other provisions of the Constitution, theSixth Schedule of the Constitution has undergonemany amendments mainly as a result of the changingaspirations as well as based on the practicalexperiences and difficulties.

Meghalaya

Meghalaya is the only state whose entire area isgoverned by the provisions of Sixth Schedule (exceptCantonment and Municipality of Shillong).Meghalaya was originally a part of the State of Assamand a separate state of Meghalaya was formed underthe Assam Reorganization (Meghalaya) Act, 1969. The


new state of Meghalaya comprised of United Khasi-Jaintia Hills District and Garo Hills Districts.

In the Constitution of the India, the table appendedto paragraph 20 of the Sixth Schedule was dividedinto three parts. Part II of the table covered the tribalareas of the State of Meghalaya as under:

1. United Khasi- Jaintia Hills District2. Jowai District3. Garo Hills District

Paragraph 12A was inserted by the AssamReorganization (Meghalaya) Act, 1969 with theformation of Autonomous State of Meghalaya within theState of Assam making special provision with respect toapplication of laws in Meghalaya. As per sub Paragraph1(a) if the laws made by the District Council underparagarph 3(1) (b) (the management of any forest notbeing reserve forest) and under paragraph 3(1) (c) (theuse of any canal and water course for the purpose ofagriculture) is repugnant to any law made by the AssamLegislature “with respect to any project declared by thelegislature of that State to be of State importance” thenthe law made by the District Council to the extent ofrepugnant shall be void. Sub paragraph 1(b) providedfor supremacy of the law made by the MeghalayaLegislature over the laws made by the District Council inmatters specified in paragraph 3(1)(b) (the managementof any forest not being reserved forest), paragraph 3(1)(c)(the use of any canal or water course for the purpose ofagriculture) and paragraph 3(1)(f) (any other matterrelating to village and town administration, includingvillage and town police and public heath and sanitation).Sub paragraph (2) and (3) empowered the legislature ofMeghalaya to make laws on any subject covered byparagraph (3) if so requested by two or more DistrictCouncil or Regional Councils in Meghalaya. Under subparagraph (4), the Governor was given power, withrespect to any Act of the legislature of Assam, and thepresident was given power, with respect to any Act ofParliament, to issue notification, directing that the anyAct will not apply to Meghalaya or shall apply with suchexception or modification, as may be specified in thenotification, with prospective or retrospective effect.

There are 3 District Councils in the State ofMeghalaya:-

1. Khasi Hills Autonomous District Council2. Jaintia Hills Autonomous District Council3. Garo Hills Autonomous District Council

Khasi Hills autonomous district council

On the 26th January, 1950 when the Constitution cameinto force, the ‘United Khasi Jaintia Hills District’ wasformed as one of the tribal areas of Assam beingmentioned at item No. 1 of Part A of the tableappended to paragraph 20 of the Sixth Schedule. Thisarea comprised of the Khasi States and the other areasof the Khasi-Jaintia Hills District excluding any areasfor the time being comprised within the cantonmentand Muncipality of Shilong, but including so much ofthe area comprised within the municipality of Shilongas formed part of the Khasi State of Mylliem. Underparagraph 2 (4) of the sixth Schedule theadministration of the United Khasi Jaintia HillsDistrict vested in the District Council, which startedfunctioning w.e.f 17.6.1952.

The Governor of Assam vide notification dated23.11.1964 created a new Autonomous District to be calledthe Jowai District by excluding the Jowai Sub division ofthe United Khasi Jaintia Hills District. The Khasi HillsDistrict was divided into two districts viz. West KhasiHills and East Khasi Hills w.e.f. 28.10.1976. Subsequently,in 1992 Ri Bhoi District was carved out from the EastKhasi Hills. However, the Khasi Hills AutonomousCouncils continued to exercise jurisdiction over all thethree districts namely (i) West Khasi Hills District, (ii) EastKhasi Hills District and (iii) Ri Bhoi District.

Garo Hills autonomous district council

Under the Constitution, ‘Garo Hills’ was specified asone of the tribal areas being mentioned at item No.2 ofPart A of the table appended to paragraph 20 of theSixth Schedule. The Garo Hills District was dividedinto two districts viz. the West Garo Hills District andEast Garo Hills District in October 1976. The erstwhileWest Garo Hills district was further divided into twoadministrative districts, viz West Garo Hills and SouthGaro Hills in June 1992. The Garo Hills AutonomousCouncils continued to exercise jurisdiction over all thethree districts namely, (i) West Garo Hills District (ii)East Garo Hills District and (iii) South Garo Hills.

The Sixth Schedule, as originally framed, wasapplicable only to the tribal areas of the State of Assam3

by virtue of Article 244(2) and 275(1) of the Constitutionof India. Table appended to paragraph 20 of the SixthSchedule defined the tribal areas of the State of Assam.

It contained two parts, namely Part A and Part B asfollows:

3State of Assam in 1950 included the areas presently comprising in the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland.


PART A

1. The United Khasi-Jaintia Hills District.2. The Garo Hills District3. The Lushai Hills District.4. The Naga Hills District.5. The North Cachar Hills District.

PART B

1. North East Frontier Tract, including theBalipara Frontier Tract, the Tirap FrontierTract, the Abor Hills District and the MishimiHills District.

The Naga tribal area

Paragraph 1 provided for an Autonomous District forthe tribal area in each item of Part A of the tableappended to the paragraph 20.

With regard to areas of Part B of the table, theGovernor was authorized under paragraph 18(1) toapply all or any of provision of Sixth Schedule to thesaid area by issuing public notification subject toprevious approval of the President.

The provisions of the Sixth Schedule were neverextended to Part B areas and these areas continued to beadministered by the Governor as the agent of thePresident under paragraph 18(2) till such time these areaswere excluded from the purview of the Sixth Schedule.

Analysing Forest Acts of Khasi Hills

District and Garo Autonomous

Councils

A critical analysis of the Forest Acts of the Khasi HillsDistrict Council and Garo Autonomous Counciltogether with the manner in which the laws areimplemented will make it clear to a very large extentwhy there has been a gross mismanagement of forestsunder the control of the District Council resulting inits alarming depletion.

The Forest Acts of the Khasi Hills District Council

The enactment of the laws for the control andmanagement of forests by the District Council ofKhasi Hills did not however result in the end of thecustomary pattern of management of forests. TheUnited Khasi-Jaintia Hills Autonomous District(Management and Control of Forests) Act 1958, hasgiven formal recognition to the various customary

categories of forests and entrusted on them statutoryobligations and have also endowed the managers ofthem with statutory powers.

The United Khasi Hills-Jaintia Hills AutonomousDistrict Council (Management and control of Forest)Act, 1958 has specific laws for each category of forests.The various categories of forests to which the ForestAct apply are; Private Forests, Village Forests, RaidForests, Protected Forests, Green Block, DistrictCouncil Reserved Forest, Sacred Forests and Unclassed Forests.

The study of the laws applicable to the Private,Sacred and Community Forest together with itsimplementation will give a broad idea of the way theforests are being managed.

Private forests

In the District Council Forest Act of 1958, “PrivateForests” have been classified as:

(a) Ri Kynti – These are forests belonging to anindividual, clan or joint clan.

(b) Law Ri Sumar – These forests belong toindividual clan, joint clan that are grown orinherited by him in a village.

Clause (a) of Section 4 of the Act, states that thePrivate Forests shall be looked after by the owner,subject to the rules that may be framed by theExecutive Committee from time to time. A majorshortcoming of the said Act is that the manner inwhich these forests are to be “looked after” has notbeen mentioned in the Act of 1958. Though, clause (a)of Section 4 of the United Khasi Hills-Jaintia HillsAutonomous District (Management and Control ofForests) Rules 1960 has various rules for themanagement of forests. However, a critical look at therules reveal that actually there are not rules for themanagement of forests but rather deal with thevarious formalities that the private owner has to fulfilbefore making commercial transaction of timber andother forest produce. What is absent in the rules is a“working plan” for the management of forests.

The importance of a working plan need not be overemphasized. Development of forests largely dependsupon the quality of working plan and the variousprescriptions that are to be undertaken in theparticular forest division. The forests are importantnot only for their productive functions but also forenvironmental and protective function. It is thereforeessential that the harvesting of timber be done in aplanned and scientific manner so as to cause


minimum harm to the environment and to ensureregeneration of cleared forests.

The absence of a working plan for the privateforests can be regarded as one of the major reasons forits depletion. This is evident from a note that wasprepared by the State Forest Department andsubmitted to the “Commission of Inquiry onAutonomous District Administration in Meghalaya”in 1984. It stated that the District Council has only anational right over the management of such (Private)forests. The owners exploit the forests as they like andpay royalty to the District Council on timber taken outfor trade. The private forests in the Khasi Hills, it issaid, has come under unplanned excessiveexploitation during the past decade or so the ownersof private forests often lease out their forests to timbercontractors who exploit the forests to their maximumbenefit without caring for the future. Someunscrupulous timber traders buy out forest operationrights from the owners of private forests inanticipation of construction of roads to such areas andwhen the roads are constructed they carry out wantonfelling of trees in the forests.

‘Raid’ forest (community forests)

The fact that at times, the enactment of a statutory lawoverpowering the customary law of the tribals canlead to confusion as well on conflict is bestexemplified by the manner in which the `Raid Forests’are being managed by the Syiems.

The institution of Syiemship is in fact one of themost important element that held in Khasi societytogether, since they were the traditional rulers of theKhasi Hills. The Syiems however lost their politicalimportance to the British but retained their position asan administrative entity with a focus on perpetuatingcultural and customary practices of the Khasis.

With the enactment of the Constitution of Indiathe position of the Syiems has changed and theirstatus has been reduced to that of officials andfunctionaries of the District Council. Thus, as per thelaw, the Syiems are treated as administrative officersby the District Council. However, in practice, theycontinue to function as if their status has notchanged and this illusion is also presented to thecommon man by the manner in which they managethe Raid Forests in complete violation of the laws ofthe District Council.

Under customary laws, the Syiems managed the`Raid Forests’ and collected royalties on timber.

However, once the District Council has made laws forthe management of such forests, as authorised by theSixth Schedule of the Constitution, the customary lawunder which the Syiems managed the Raid Forestsbecame abrogated . So, the Syiems derived their rightof management from the law made by the DistrictCouncil.

The District Council has made laws with regard toRaid Forests. Clause VI of Section 3 of the UnitedKhasi Hills Autonomous District (Management andControl of Forest) Act, 1958, defines Raid Forests as:“These are forests looked after by the head of the Raidand under the management of the local administrativehead.” The District Council has made rules underwhich the Syiems should remit a portion of theroyalties collected by them to the Council. In reality,the Syiems ignore all the rules made by the Council,they in fact have their own Forest Department whichdeals with the issuing of permits, settlement ofdisputes and control of forests. The District Councilhas not converted or treated the Syiemship asadministrative units nor entrusted them with specificfunction. Yet the Syiems continue to functionaccording to customs and traditions.

Just as the manner in which the “Private Forests”are to be looked after” has not been provided in the Actsimilarly there is no provision either in the Act of 1958or in the rules made thereunder, as to how the RaidForests are to be “looked after”. That is, there are noproper and scientific working plans, to be made by theadministrative head. The Commission of Inquiry onAutonomous District Administration, 1984, noted thatthe general practice has been that the Syiems selltimbers from the Raid Forests appropriating the moneyand there is no supervision by the District Council,whose authority is not recognised by the Syiems. TheCommission noted that the Syiems have become thede-facto owners of the Raid Forests, as a result of whichthey have become depleted. The Commission thereforesuggested that there should be rules for supervision ofRaid Forests by the District Council and these must besome plans for afforestation of these forests so that theymay not be depleted. However, theserecommendations of the Commission were ignoredand the Syiems continue to manage the forests asbefore.

One of the most important facts highlighted by theCommission was that contrary to what is believed, theSyiems have never been the owners of the RaidForests which in reality belong to the people. Anyassertion of ownership right by any Syiem over a Raidforest therefore, cannot be sustained.


Sacred groves

The sacred groves are a unique feature of the Khasiand Jaintia Hills. These are scattered at differentplaces and generally found below the hill brows.These forests are a relict of the original forests and area storehouse of a variety of plant genetic resources.

The District Council has entrusted themanagement of sacred groves i.e. Law Lyngdoh, LawKyntang and Law Niam to the Lyngdohs and othersuch religious priests. The sacred groves however arealso getting destroyed and mismanaged, similar tothat of private forests and Raid Forests. The reason forthe destruction and mismanagement of sacred grovesis however different from that of Raid and privateforests. Since the major reasons for its destruction isthe loss of ‘sanctity’.

In the past, the sanctity of the groves werehonoured and nothing in this category of forests wasremoved except for religious purposes. Anyone guiltyof sacrilege is believed to fall under the curse of thedeity and faces dire consequences such as prematuredeath, sickness, poverty etc.

In the present times however the situation haschanged and sacred forests are losing their status onaccount of a growing population and a morematerialistic younger generation together combinedwith the fact that those tribals who converted toChristianity do not subscribe to such beliefs. The ideaof sanctity is thus, increasingly failing to save thesacred forests. Consequently, many groves have beentotally destroyed whereas in others the frequency ofcutting down trees and tendency to violate thecustoms are on the rise.

Another reason why the destruction of sacredforests are taking place is the fact that neither theForest Act of 1958 or any rules made thereunder hasany provision for those violating these customs.Clause (b) of Section 4 of the Management andControl of Forest Rules 1960, which deals with themanagement of sacred groves simply deals with theprocedure through which timber can be removedfrom such forests for religious purposes, and thereexists no penal sanction, either in the form ofimprisonment or fines for those violating the rules.

General comments on sacred groves

The Sacred groves of Meghalaya, may not, at the firstglance appear to be of much importance in terms ofbiodiversity, since the bulk of them are quite limitedin their extent. Besides the sacred groves are far tooscattered to be regarded as one viable unit from the

conservation point of view. A large number of sacredgroves are also in a degraded state. Studies haveconcluded that only 1% of the total area of sacredgroves is undisturbed. The bulk of the sacred grovesare subjected to various degrees of disturbance.

However, despite such a bleak scenario, the sacredgroves are among the last treasure houses ofbiodiversity in the region. The sacred groves mostoften represent the relict vegetation of a region. Thevery weak network of Protected areas in the state asalso of Reserved and Protected forest means that thesacred groves are the only patches where manyendangered species find refuge. The sacred groves arealso spread over a wide range of bio-geographicalareas and hence have a high rate of species diversity.The special Constitutional provisions applicable tothis region also means that addition of more PAs willnot be an easy task.

There can be no debate on the subject of theecological importance of the sacred groves. Whathowever can be debated is the strategy that needs tobe undertaken to conserve the unique institution ofsacred groves. As we have seen, sacred groves inMeghalaya owe their origin to religious beliefs andsentiments and not to any idea of natural resourceconservation. The multiple social processes ofmodernisation, urbanisation, rationalisation togetherwith changes in the belief system have in varyingdegrees contributed to the decrease in the"sacredness" attached to these groves. Since it ispurely religious sentiments that have protected thesegroves, a strategy to revive the religious sentiments,beliefs and myths in the modern world is neitherpossible nor desirable. What may hold the key wouldbe to reeducate the people about the values of thesacred groves. The "value" could be explained interms of its botanical wealth viz., medicinal plantswealth, the rare and endangered species etc. The otherimportant functions of sacred groves in terms ofserving as a safety reserve in cases of emergency andits soil conservation functions also needs to beemphasised.

It has been suggested that the sacred grove bebrought under the protected area (PA) network.However it is pertinent to remember some of thepitfalls of bringing the sacred groves under a PAnetwork. It has to be emphasised that it is the"sacredness" that is the most distinguishing feature ofa sacred grove. The entire grove is believed to be underthe control of the guardian spirit. It is this spirit thatreigns over the sacred grove. Nothing is to be donewithout the permission of the head priest and that toofor specified purposes. The establishment of protected


area network would mean the substitution of thetraditional authority of the priest/village chief etc. bya rational - legal authority represented by the forestdepartment of the government. A possibleconsequence would be the decrease in whateversanctity is left in the sacred groves. A scenario, whichcould be suicidal since only a fragment of the total areaof the sacred groves in Meghalaya, is undisturbed.

A strategy for conservation should be adoptedwhich takes into account the following conditions:

Unique condition prevailing in a particularsacred grove. The beliefs and practices prevailing amongthe people and whether the religious ritualsrelated to the sacred groves are beingpracticed or not. The status of forests and vegetation aroundthe sacred groves - This is an important factor,for there is bound to be pressure on the sacredgrove if people are to depend on the sacredgrove for meeting their biomass requirement. The religion followed by the people in thevicinity of the sacred grove - However, this isquite a complicated issue and depends on amultiplicity of factors. As we have seen inareas where the people have converted toChristianity, the belief in the sacredness is onthe decline. However, there are manyinstances where the even the Christianssubscribe to the beliefs, myths and legendsassociated with the sacred groves. Besidesthere are groves which are well preservedeven when the bulk of the people around thesacred grove are Christians, since the Chief ofthe village still adhere to their traditionalreligion.

The sacred groves may have lost their importancein terms of their religious significance, however thehigh rate of deforestation in the state has onlyincreased their value in terms of harboring the lastremnant biodiversity in the region. The traditionalpatterns of beliefs of the people served the latentfunction of protecting the forests. The recognition ofthis latent function as opposed to the manifestfunction of the sacred grove is what might hold thekey to the survival of the sacred groves in Meghalaya.

Forest acts of the Garo Hills

district council

The District Council of Garo Hills has for themanagement of forests other than Governmentcontrolled forests enacted the Garo Hills District

(Forests) Act, 1958. This Act differs from the ForestActs of the Khasi Hills since it is shaped according tothe Assam Forest Regulation Act, 1891.

An important provision in the Garo Hills District(Forests) Act, 1958 is the setting up of a CouncilReserved Forests (S.3). The procedure for constitutinga Council Reserved Forests is similar to the procedurefor setting up a Government Reserve Forests as givenin the Assam Forests Regulation Act, 1891 (which inturn was structured in accordance with the IndianForest Act, 1878). The only difference being thatinstead of a Government appointed Forest SettlementOfficer there is a Council Settlement Officer for thesettlement of rights etc.

However no forest has been designated as CouncilReserved Forest, and a possible answer to it could bethe past experience of the Garos with Reserve Forests.

Just as the Jaintia Hills District Council hasadopted in toto the Forest Act of the Khasi HillsDistrict Council, similarly the Garo Hills DistrictCouncil has adopted many provisions of the AssamForest Regulation Act 1891, mutatis mutandis for theGaro Hills. Thus Section 20 of the Garo Hills (Forests)Act 1958 applies chapter IV, VI, VII, VIII, IX, X and XIof the Assam Forest Regulations, mutatis mutandisfor the management of District Council Forests andlevy and collection of forests revenue. Thus theDistrict Council of Garo Hills has not made any effortto bring out legislation keeping in view the specificrequirements of Garo Hills.

The confusion that arises because of thesimultaneous operation of the customary laws of thetribal and the statutory laws of the District Council isalso evident in the Garo Hills, similar to what prevailsin the Khasi and Jaintia Hills. In the plain areas of theGaro Hills district which comprise roughly 5.75% ofthe total area the Assam Land and Revenue RegulationAct 1866 is applicable, whereas in the hilly lands thecustomary laws govern the system of land tenure.

Most of the land in the hilly portion of Garo Hills(where also the bulk of forests exists) belongs to oneclan, or the other, and in known as a "A' Khing land".The A khing land belongs to the clan but is under thecontrol of the head of the clan known as “Nokma”.Even though theoretically a female is a “Nokma”, butin actuality the Akhing land is managed andcontrolled by her husband on her behalf.

As Akhing land is clan- land any member of theclan can cultivate a portion of it without payment ofany fees to the Nokma. However if a member of


another clan wants land, then the Nokma can givehim land if available and also realizes a small amountof fees which is called “A wil”. The District Councilhas however passed the Garo Hills District (A WilFees) Act, 1960, for the regulations, collection of “A’Wil” fee in the District. In this Act “A’Wil” fee indescribed not only as fees paid by any outsiders whois allowed to Jhum in a particular A’Khing, but also asfees assessed on timbers or other forest produceextracted from the A’Khing. Under Section 5 of theGaro Hills District (A’Wil Fees), Act, 1960, the Nokmaof the A’Khing gets 25% of it, and 75% goes to theDistrict Council.

The A’ Wil fees, which has been made applicableto timber and other forest produce, is a major factorcontributing to the depletion of forests in the GaroHills. This is because both the District Council and theNokma, derive monetary benefit if trees and otherforest produce are exploited by people who are notmembers of a particular class to which the landbelongs.

Under customary law, A’ Wil fees was levied onlyon the tribals who were not clan members and that tofor cultivation. The District Council has, by makingA’wil fees applicable to any person, other than those towhom the A’Khing land belongs, in fact has legitimisedthe exploitation of forests by tribals, who have turnedinto professional timber contractor and traders.

Another major reasons for the mismanagement offorests in the Garo Hills is the confusion that arisesbecause of the overlapping authority of the Nokmasand the District Council.

As has been said earlier, most of the land in GaroHills belong to one clan or the other (under the controlof the Nokma) in accordance with the customary law.However, under the Sixth Schedule of theConstitution, all forests other than GovernmentReserved Forests, are to be managed by the DistrictCouncil. Since the bulk of the forests are in the hillyregion of the district where the customary law on landis applicable this has led to confusion, as it is difficultfor the District Council to effectively manage theforests, if the land on which the trees exists are notunder its control.

The District Council has sought to end thisconfusion through a Rule, according to which, eventhough the Nokma has the right to grant permissionfor felling of trees, however until the District Councilapproves it, the permission given by the Nokma hasno validity.

But in actuality the District Council has no propermechanism to see whether the number of trees felledare in accordance with the permit granted. This isborne out by a note prepared by the State ForestDepartment and submitted to the Commission ofInquiry on Autonomous District Administration –1984. It was stated in the note that :-

“In the Garo Hills the timber traders obtain permissionfrom the Nokmas for extraction of timber from the clanforests under its custody. The contractors then obtaintimber operation permits from the District Council onthe strength of the Nokmas consent letters. Because ofthe lack of adequate field supervision the contractorsoperate many more trees than are authorised by thepermits. The District Council has to remain satisfied inthe collection of revenue at forest depots. This practicehas resulted is systematic and ruthless removal of allmarketable trees from the forest forests under the controlof the Garo Hills District Council”.

Conclusions

The above analysis of the District Council laws on themanagement and control of forests brings us to thefollowing important conclusions: -

(1) All the laws together with the subsequentRules with regard to forests have been madekeeping in view the requirements of tradeand commerce and looks at forests as a sourcefor generating revenue for District Councils.This is exemplified by the fact that in theUnited Khasi-Jaintia Hills AutonomousDistrict (Management and Control of Forests)Rules 1960, “Forests” have been defined as –

“An area shall be deemed to be a forest if there are areasonable numbers of trees, say not less than 25 treesper acre or any forest produce growing in such area,which are capable of being exploited for the purpose ofbusiness and trade”.

(2) Even though the District Councils have beenconstitutionally given the power to manage allforests other than Government ReservedForests, in actuality it has only a notionalcontrol over most of the forests. This is mostacute in the Khasi and Jaintia Hills. Thus theDistrict Council has failed to assert itsauthority as the sole manager of forests, and assuch a large percentage of forests are managedin accordance with the customary laws.


(3) There has been a gross mismanagement offorest by the District Council, and one reasonfor this mismanagement is the absence of aworking plan. The mismanagement of forestsdue to the absence of a working plan, resultsnot only in the rapid depletion of forests, butalso generates less revenue for the owners.Thus, even though the forests under thecontrol of the District Councils have beenruthlessly exploited as compared to thoseunder the control of the State ForestDepartment, yet the Commission of Inquiryin 1984 found out that whereas, the StateForest Department has control over only 10%of the total forest area in the State, it earnsabout a crore of rupees, whereas the threeDistrict Council with over 90% of the totalforests earn much less.

(4) Most of the laws enacted by the DistrictCouncils for the management of forests arenot comprehensive and adequate to deal withthe unique circumstances prevailing in aparticular Autonomous District. Thus, theJaintia Hill District Council has applied theForest Acts of the Khasi Hills mutatis-mutandis, whereas the Garo Hills DistrictCouncil has applied various provisions of theAssam Forest (Regulation) Act, 1891 mutatis-mutandis.

(5) The District Council has modified somecustomary laws on forests so that morerevenue can be generated in total disregard toits consequence on the forests. Thus, whereaspreviously in the Garo Hills, A ‘Wil fees wasapplicable to only those who cultivated in aland which belongs to another clan, theDistrict Council of Garo Hills has made thelevy of A’Wil fees applicable to the removal oftimber and other forest produce and this levyof A’Wil fees has contributed in a major wayto the depletion of forests. The reason beingthat since forest products used locally by thepeople cannot be taxed, the District Councilmakes no effort to stop the indiscriminatefelling of trees and their transportation tooutside markets since that alone constitutesthe largest source of revenue for the DistrictCouncil.

There exist certain other factors, which havecontributed to the depletion of forests under thecontrol of the District Council, which are to a largeextent common to all the three District Councils.

Firstly, in spite of the constitutional status of theDistrict Council, there is no mandatory financialprovision to cater to their administrative needs, eitherthrough plan or non-plan. If financial assistance ismade available from the State Government, it is mostlyin the form of grant-in-aid and for limited purposes.Thus for example the Khasi Hills District Council is leftto fend for itself for financing its whole administrativeset-up with whatever resources it has. Hence thecontention of the District Councils is that it has nochoice but to depend heavily on revenue from forestresources. Of the entire receipt of the Khasi HillsDistrict Council in 1990, revenue from timber exportsalone accounts for 70%. This amount is used to financethe entire District Council administration comprisingof the executive, the legislature and the judiciary andno allocation could be made for afforestation.

Secondly, whereas various provisions of the ForestActs of the District Councils are penal in nature.However, the District Councils have no machinery toenforce these laws e.g. the village courts set up by theDistrict Council has no means to compel theattendance of the accused before it. As such the villagecourts generally makes a request to the police to getthe accused arrested, however the police treats therequests as a F.I.R. and gets the accused arrested, butproduces them in the District Magistrates Courts andnot the Village Courts. Hence the village courts areunable to do their duty of administering justice.

Finally, the entire administrative structure withregard to forest structure the District Council is highly“bureaucratic” in nature and not much different from theState Forest Department. Thus an elaborate hierarchy ofposts exists such as Chief Forest Officer, Assistance ForestOfficer, Forest Ranger, Deputy Forest Ranger, ForestGuard etc. Thus whereas the Constitution makers hadgiven the District Council the right to make laws andmanage forests in the manner best suited for the tribals,the District Council have created an administrativestructure which was alien to the tribals and similar to theadministrative structure of the Government.

CHAPTER IV

Meghalaya, with its diverse habitats and largearea under forest supports an array of faunaand flora. The state has about 5538 known

species of fauna comprising of 139 species ofmammals, 540 species of birds, 94 species of reptiles,33 species of amphibians and 152 species of fishes(Alfred, 1995). Of these, Garo Hills has 79 species ofmammals, 206 species of birds, 50 species of reptiles,14 species of amphibians and over 100 species offishes. The floral diversity is equally rich and harborsabout 3128 species of flowering plants andcontributes about 18% of the total flora of the country,including 1237 endemic species. About 40% of thetotal flora of the state is endemic (Khan et al 1997;Anon 2005).

Forest Types

Following is a brief classification of forests ofMeghalaya with the respective species composition,which is based on Haridasan and Rao (1985).

A. Tropical Forests

i. Tropical evergreen forestsii. Tropical semi-evergreen forestsiii. Tropical moist and dry deciduous forests

B. Sub-Tropical broad leaved forestsC. Sub-Tropical Pine forestsD. Bamboo forestsE. Grasslands and Savannas

A. Tropical Forests: These forests are found up to an elevation of 1200 m and

in areas, which receive an average rainfall of about1000-2500 mm.

i. Tropical evergreen forests:

These forests usually occur in high rainfall areas andnear catchment areas. They seldom form continuousbelts due to various exogenous factors, but stillharbour very rich species diversity. The trees exhibitclear zonation with dense, often impenetrable,herbaceous undergrowth.

The top canopy is composed of trees like Mesua ferrea,Castanopsis indica, Dysoxylum gobara, D. binectariferum,Talauma hodgsoni, Bischofia javanica, Sapium baccatum,Terminalia citrina, T. belerica, Xerospermum glabratum,Cynometra polyandra, Elaeocarpus robustus, E. rugosus,E. floribundus, Polyalthia cerasoides, Pterospermumacerifolium, Lannea coromandelica, Eriobotrya bengalensisand Acrocarpus fraxinifolius.

The second storey, which is almost obscure, iscomposed of trees like Garcinia paniculata, G. cowa, G.pedunculata, Syzygium operculatum, Vitex glabrata,Premna bracteata, Sarcosperma griffithii, Ficus racemosa,Turpinia pomifera, Nauclea griffithii, Saraca asoka,Dimocarpus longan, Pterospermum lanceaefolium,Stercularia roxburghii, S. hamiltonii, Mangifera sylvatica,Ostodes paniculata, Antidesma acuminatum, Knemalinifolia, etc.

Smaller trees of the third storey consist of Oreocnoideintegrifolia, Ficus lamponga, F. clavata, Alchorneatiliaefolia, Sarcochlamys pulcherrima, Boehmeriahamiltoniana, Antidesma bunius, Macropanax dispermus,Ixora subsessilis, Trevesia palmate, Brassaiopsis glomerata,

Kiranmay Sarma and Sandeep Kumar Tiwari

Forest resources and their management in Garo Hill districts


Premna barbata, Saprosma ternatum, Leea umbraculifera,Goniothalamus simonsi, etc.

The shrub layer is comprised of Draceana elliptica,Canthium angustifolium, Phlogacanthus thyrsiflorus,Ardisia thomsonii, Lasianthus hookeri, Hyptiantherastricta etc. Grasses and a number of perennial herbsand some emergent ferns occasionally cover the forestfloor heavily covered by humus and litter. Woodrotting fungi are abundant on fallen tree trunks andbranches.

Climbers and lianas are also present in large numbersin these forests. A few important lianas are: Hodgsoniamacrocarpus, Beaumontia grandiflora, Gnetum scandens,Ventilago madraspatana, Cayratia pedata, Chonemorphafragrans, Ampelocissus latifolia, Phanera nervosa, P.khasiana, Lasiobema scandens, Combretum roxburghii,Entada purseatha, Schefflera venulosa etc. These climbers,which intertwine with each other and entangle trees,render the forests almost impenetrable. Some fernsobviously epiphytic ones, perch over these giant lianasat intervals. A few climbers like Thunbergia glandiflora,Gouania tiliaefolia, Adenia trilobata, Solena heterophylla,Pegia nitida, Desmos longiflorus etc. that are associatedwith lianas, give the forest margins and openings aclosed cascade-like appearance. The high reaches of the

lofty trees are often blanketed by a lush growth ofepiphytic orchids like Pholidota imbricata, Dendrobiumsp., and other species such as Hoya parasitica, Aspleniumsp., Aeschynanthus suparba, etc. imparting colour andelegance to the canopy while in bloom. Wherever thecanopy is slightly open, ascending epiphytic climbersmainly of the Araceae, such as Raphidophora decursiva,R. lancifolia, Pothos scandens etc. completely mask thetree trunks.

Even though there is no uniformity in the distributionof dominant tree species in these forests, yet in someplaces their dominance can be marked. For example,Sapium baccatum in Umsalem, Baghmara, Rongra,Balpakram, etc. and Xerospermum glabratum inRongrengiri. Along river courses, Duabangagrandiflora is more prevalent with under storey treeslike Vatica lanceaefolia.

ii. Tropical semi-evergreen forests:

These forests occupy the northeastern and northernslopes in the state, typically up to an elevation of 1200 mand where annual rainfall is 1500-2000 mm with acomparatively cooler winter. The number of species isfewer than that of the evergreen zone. There are also afew deciduous species in these forests such as Careya

Fig.1 Forest cleared for slash and burn (Jhum) cultivation in Garo Hills


arborea, Dillenia pentagyna and Callicarpa arborea. Further,there is a clear stratification of the trees in these forestsas well.

The top canopy includesElaeocarpus floribundus, Dilleniapentagyna, D. indica, Hovenia acerba, Ehretia acuminataand Lithocarpus fenestratus. The second storey iscomposed of Micromelum integerrimum, Garcinialanceaefolia, Sapindus rarak, Symplocus paniculata, Rhusacuminata, Dalbergia assamica, Bridelia monoica, Vernoniavolkameriaefolia and Ficus hirta.

The shrub layer is not very dense. The commonshrubs are Randia griffithii, Boehmeria sidaefolia, Ardisiathomsonii, A. floribunda, Clerodendrum bracteatum andEriobotrya angustissima and the common perennialherbs are Costus speciosus, Curcuma domestica, C.zedoaria andHedyotis sp.

iii. Tropical moist and dry deciduous Forests:

This type of forests occurs at comparatively lowelevations where annual rainfall is below 1500 mm.Typical natural deciduous forests do not occuranywhere in Meghalaya. They are only sub-climax orman-made forests (Tripathi, 2002). These forests arecharacterized by seasonal leaf shedding and profuse

flowering of the trees. Recurrent forest fires are acommon phenomenon here. Deciduous forests aremuch more extensive in their distribution in thestate. They include a host of economically importanttrees like Shorea robusta, Tectona grandis, Terminaliamyriocarpa, Sterculia villosa, Lagerstroemia flos-reginae,L. parvifolra, Morus laevigatus, Artocarpus chaplasha,Gmelia arborea, etc. in both natural forests and as aplantation. Schima wallichii, Artocarpus gomezianaTetrameles nudiflora, Lannea coromandelica, Salmaliamalabarica, Erythrina stricta, Premna milleflora, Vitexpeduncularis, Albizzia lebbek, A. lucida and Terminaliabelerica are abundant in these forests. The trees of thedeciduous canopy are tall, straight-boled and withspreading crown.

A distinct second storey can usually be observed inthese forests and this zone is composed of Aporosaroxburghii, Croton joufra, C. disperma, Mallotustetracoccus and Glochidion lanceolarium. These trees,which are smaller than the canopy trees, are laxlybranched and have a narrow crown.

The shrub layer is often gregarious and forms animpenetrable thicket during rainy season withprofuse growth of stragglers and spreading shrubsinterwoven by slender annual climbers. The main

Fig. 2 Tiger in Balpakram National Park


components of this layer are Phlogacanthus thyrsiflorus,Desmodium pulchellum, Flemmingia macrophylla,Holarrhena antidysenterica, Costus speciosus, Leea crispa,L. indica, Glycosmis arborea, Allophyllus cobbe, Licualapeltataetc.

Lianas are fewer but scandent shrubs like Brideliastipularis, Combretum roxburghii, Mussaenda glabra,Hiptage benghalensis, Aspidopteris elliptica and Pottsialaxiflora are frequent. However, lianas like Spatholobusroxburghii, Phanera nervosa, Entada purseatha etc. maketheir way high up the canopy and become spectacularbut often deform the main trees. The epiphytic flora isextremely low when compared to the other types offorests. However, massive growth of epiphytic orchidslike, Pholidota imbricata, Dendrobium moschatum, D. nobilewhich bloom during rainy season, and Papilionanthewhich densely infest trees giving them a pink mosaicappearance during summer are quite common. The treetrunks also provide a favourable habitat for the growthof ferns like, Drymaria sp.,Microsorum sp., etc. Chain-likegrowth of Hoya lanceolata or Dischidia nummularia is alsoencountered. Terrestrial ferns are rather rare exceptPteris sp. that often dominates the ground vegetation.

The undergrowth of these forests varies from onelocality to another. For instance, in Sonsak area it isdominated by Leea crispa whereas it is Desmodiumpulchellum in Tasek, Licuala peltata in Darugiri, andPhlogacanthus thyrsiflorus in Lailad. Man-made forestfires kill much of the undergrowth during dry period(December-April). Only the hardier species such asEupatorium spp. , Lantana camara, etc., manage tothrive. With the constant occurrence of fires andhuman interference, particularly the practice ofshifting agriculture with a short jhum cycle, vastforests in this belt are in a much degraded state. Insuch degraded forests, trees like, Bauhinia purpurea,Macaranga denticulate, Callicarpa arborea, Emblicaofficinalis, Careya arborea, Grewia microcosm, Holarrhenaantidysenterica and Zizyphus oenoplia are commonlyseen.

B. Sub-Tropical broad-leaved forests:

These forests occur at higher elevations (above 1000m), mostly along the southern slope of Khasi, Garoand Jaintia hills. The rainfall here is very high (2000-5000 mm) with a winter during November-March.Ground frost is also common during December-January.

These climatic climax forests are usually found inisolated pockets along valleys, slopes, rivers andstreams. Tree species in general show bushy andstunted habitat. They form a dense canopy with

Lithocarpus fenestratus, Castanopsis kurzii, Quercusgriffithii, Q. semiserrata, Castanopsis armata, Schimakhasiana, Myrica esculenta, Symplocos glomerata, Photiniaarguta, Syzygium tetragonum, Ficus nemoralis, Saurauriaarmata, Echinocarpus dasycarpus, Elaeocarpus prunifolius,E. acuminatus, Mangleitia insignis, M. caveana, Ilexvenulosa, I. umbellata, Exbucklandia populnea, Linderamelastomacea, Engelhardtia spicata, Betula alnoides andoccasionally, Schima wallichii andWendlandia sp. etc.in varied associations.

A well-developed impenetrable shrub layer can beseen in these forests. This layer includes Mahoniapycnophylla, Daphne papyracea, D. involucrate, Polygalaarillata, Myrsine semiserrata, Baliospermum micranthum,Maesa chisia, Ardisia thomsoni, Randia griffithii,Viburnum foetidum, V. simonsii, Helicia nilagirica,Symplocos paniculata, S. chinensis, Ixora subsessilis,Goniothalamus sesquipedalis, Camellia caudata, C.cauduca, Neillia thyrsiflora and Lyonia ovalifolia amongothers.

In open places and streams, particularly during rainyseason, a well marked herbaceous layer comes up,which includes mostly annuals like Houttuyniacordata, Adenostemma lavenia, Myriactis nepalensis,Begonia palmata, Didymocarpus palmata, Elatostemmarupestra, Impatiens sp., Sonerila sp., Disporum sp.,

Fig. 3 Top & bottom Asian elephants in Baghmarareserve forest


Ainsliaea latifolia, Panax pseudo-ginseng and membersof Commelinaceae and Arecaceae families. Somesaprophytes like Monotropa unifloraare also present.

These forests are exceptionally rich in epiphytic flora.Almost all tree trunks and branches are heavilyplastered with a layer of epiphytes. The fern flora ismore characteristic and takes dominance over others.A few important ferns found in these forests are:Asplenium nidus, A. normale, Loxogramme involuta,Ploypodium argutum, Vittaria elongata, Lepisporus spp.,Pyrrosia sp. Coelogyne punctulata, Pleione precox,Dendrobium sp., Agapetes obovata, A. verticillata,Vaccinium donianum, Rhaphidophora decursiva, R.lancifolia, Aeschynanthes sp., and Hoya sp. are also quitecharacteristic and abundant in these forests.

Climbers are usually few and less frequent and mostof them are only scandent shrubs like Aspidopterysindica, Rourea minor, Rosa moschata, Kadsura heteroclite,Eleagnus pyriformis, Ficus laevis, Hedera nepalensis,Codonopsis javanica, Porana racemosa etc. OccasionallyGnetum scandens, and Osmanthus fragrans, Jasminumdispermum, Clematis loureiriana, Passiflora nepalensisand others are also seen.

C. Sub- Tropical Pine Forests:

The pine forests in Meghalaya are confined to thehigher reaches of the Shillong plateau in Khasi andJaintia hills. Pinus kesiyais the principal species, oftenforming pure stands.

The pine forests of Meghalaya are, however, not aclimax type, but represent late secondary successionalcommunity. These pine forests are interspersed with afew broad-leaved trees such as Schima wallichii, Acaciadealbata, Erythrina arborescens, Myrica esculenta etc.Lyonia ovalifolia, Gaultheria fragrantissima, Eupatoriumadenophorum andRhus sp. are common shrubs in theseforests. During rainy season there is profuseherbaceous undergrowth of Anemone rivularis,Ranunculus cantonensis, Potentilla fulgens, Artimesianilagirica, Agrimonia nepalensis, Elsholzia blanda etc.Much of the herbaceous flora is killed or lies dormantduring winter, giving a barren look to the groundlayer. Eupatorium adenophorum and E. riparium formthe only undergrowth in certain places in these pineforests. Aeginetia indica, a member of Orobanchaceae,makes its appearance in some forests among pinelitters during August-October.

Moderately shaded areas and slopes support grass-legume associations, which are subjected to grazing.The common legumes are Indigofera dosua, Desmodiumheterocarpum, Priotropis cytisoides, Smithia blanda etc.

These are associated with grasses like Sporobolusfertilis, Paspalum dilatatum, Eragrostis nigra, Panicumsp. etc. Several terrestrial ferns form gregariouspatches. Mention may be made of Dicranopterislinearis, Pteridium aquilinum etc. Epiphytic ferns likeLepisorus excavatus, Pleopeltis kashyapili, P. loriformis, P.thunbergiana, Pyrrosia manii, and P. mollis are alsonoticed on pine trees.

D. Bamboo Forests:

Bamboo forests are not natural but appear in 15-20years old jhum fallows. These forests at places, formpure stands. The common bamboo species inMeghalaya are Dendrocalamus hamiltonii, D. giganteus,Bambusa bambos, Chepalostachyum latifolium,Chimonobambusa khasiana and Melocanna bambusoides.Bamboos, also appears in comparatively older forestswhere there are some gaps in the canopy. Thesebamboo forests are commonly noticed in Lailad,Umsalem, Tasek, Darigiri, Bonsamgiri, Rongra,Bokmagiri and Dinadubi areas.

E. Grasslands and Savannas:

Grasslands and savannas in Meghalaya havedeveloped as a result of removal of natural forestcover. Large areas are covered with rolling grasslandand can be seen throughout the Shillong plateau,around Riangdo, Ranikor, Weiloi, Mawphlang,Mawsynram, Cherrapunjee, Shillong-Jowai sector,Jarain and Sutnga in Khasi and Jaintia hills and inmajor parts of West Garo hills.

The dominant grasses are Saccharum spontaneum, S.arundinaceum, Neyraudia reynaudiana, Thysanolaenamaxima, Chrysopogon aciculatus, Narenga porphyrocoma,Panicum atrosanguineum, P. khasianum, Setaria glauca, S.palmaefolia, Oplismenus burmanii, Axonopus compressus,Imperata cylindrical, Paspalum dilatatum andArundinella brasilensis. These grasses are associatedwith sedges like Mariscus sumatrensis, Fimbrystylisdichotoma, Cyperus zollingeri, C. tuberosus, Scleriaterrestris and Eriocaulaceae members such asEriocaulon cristatum and E. brownianum etc. A fewscattered trees belonging to Emblica officinalis, Helicianilagirica, Schima wallichii, Engelhardtia spicata etc. arealso noticed in certain places in these grasslands.

Apart from giving a green look to the barren hills, thesegrasslands also support other dicotyledonous specieslike Eriosema chinensi, Polygonum bistorta, Trifoliumrepens, Centella asiatica, Hypochaeris radicata, Sonchusasper, Centranthera grandiflora, Hemiphragmaheterophyllum, Eusteralis linearis, Plectranthus ternifolius,Osbeckia stellata, O. glauca, Impatiens chinensis, I. radicans,


Table 1 Forest Type classes of different districts of Garo Hills (in km 2)

Source: Official website of Govt. of Meghalaya - http://meghalaya.nic.in/naturalres/ forest.htm

Table 2 Reserved Forests in Garo Hills

A. East Garo Hills


Drosera peltata, Utricularia striatula, U. bifida and fernslike Pteridium aquilinum, Dicranopteris linearis andLycopodium sp. Apart from these, in sub-tropical zonesInula eupatoriodes, Butea minor etc. form gregariouspatches as seen in Jowai-Garampani, Jowai-Jarain,Nongstoin-Riangdo sectors.

Protection Measures

To conserve the unique biodiversity of the state, theforest department has notified several sanctuariesand national parks: the Balpakram and NokrekNational Parks are of national importance due totheir enormous wealth of endemic flora, and rareand endangered fauna. Table 3 lists these parks andsanctuaries notified in the state.

B. West Garo Hills

C. South Garo Hills

[Source: Tiwari et al., 1996]

Table 3 National Parks and Sanctuaries of Garo Hills districts of Meghalaya

[Source: B.K. Tiwari et al., 1996]


Alfred, J.R.B (1995): Fauna of Meghalaya, Part I:Vertebrate. Zoological Survey of India,Pp679

Tripathi, O.P. 2002. Study of distribution patternand ecological analysis of major foresttypes of Meghalaya. Ph.D. Thesis. North-Eastern Hill University. Shillong, India.

Khan, M.L., S. Menon and K.S. Bawa. 1997.Effectiveness of the protected area networkin biodiversity conservation, a case studyof Meghalaya. Biodiversity andConservation 6: 853-868.

Anon 2005: State of the Environment Report, 2005:Meghalaya. Department of Environmentand Forests, Government of Meghalaya2005

References

Fig. 4 Machan used by villagers for guarding their crops from wild animals

CHAPTER V

Introduction

There is an increasing need to be able to preciselydescribe and classify land use systems that arebest suited for each location. Technological

advances such as remote sensing data are nowavailable from earth observation satellites and make itincreasingly possible to map, evaluate and monitorland use and land cover over vast areas. RemoteSensing is a powerful technique for surveying,mapping and monitoring earth resources. Land coverhas visual effects, visible by the remote sensor, as itcovers the land at the time of satellite observation.This technology combined with GIS, which excels instorage, manipulation and analysis for geographicinformation, provide for a wider application. Landresource and environmental decision makers, naturalresources conservators both in terms of fauna andflora require quantitative information on the spatialdistribution of land use types and conditions. Here,an attempt has been made to classify the satelliteimageries covering the Garo Hills districts ofMeghalaya into different land use and land covers.

Methodology

Supervised classification was carried out to delineatedifferent land uses viz., dense forests, open forests,bamboo brakes and non forest areas. Supervisedclassification can be defined normally as the processof samples of unknown identity and are those pixelslocated within the training sites. In this type ofclassification, spectral signatures are developed fromspecified locations in the image. These specificlocations are given a generic name ‘training sites’ andare defined. These training sets help in developing the

outline areas. Multiple polygons are created for eachland category to delineate relevant land use type.These signatures are then used to classify all pixels inthe scene. Sufficient Ground Controlled Points (GCP)are taken to confirm the different land use types.Nearest Neighbour Analysis is done for postclassification smoothening. To delineate shiftingcultivation areas from the non forest areas visualinterpretation technique is used (Garg et al., 1988;SAC, 1999). Similar technique is applied to delineatethe plantation areas from the classified dense andopen forests areas.

Forest type and different

land uses

The Garo Hills district occupies an area of 8,167 km2

which is 36.4% of the total geographical area of thestate of Meghalaya. Out of this, 4,688 km2 (57.40%) isunder forest cover (dense forest, open forest andbamboo brakes). The vegetation of Garo Hills isrepresented by either tropical moist and drydeciduous or sub-tropical broad-leaved forests. Thearea under dense forest cover is 4.23 percent (which is345.50 km2) while open forest covers an area of4,255.60 km2 (52.11%) of the total area of Garo Hills.An area of 37 km2 (0.45%) is occupied by plantationsof Cashewnut, rubber, teak, areca nut and coffee. Theareas under bamboo brakes is about 50 km2 which is6.1% of the total area. The remaining area of 3,479.1

2km which is 42.60% of the total Garo Hills area is notunder forest. Out of the total non-forest areas, 208 km2

(2.55%) is under current shifting cultivation. Theremaining non-forest areas include abandonedshifting cultivation grasslands, degraded lands,

Kiranmay Sarma, O. P. Tripathy and Krishna Upadhyay

Land use / land cover and community structure of major forest types in Garo Hill districts


settlement, permanent agricultural lands, roads,mines, water bodies, rivers and sand bars (Fig.1).

The present study covered all the three Garo Hillsdistricts of the state. The East Garo Hills districtoccupies an area of 2,603 km2 out of which 1,464.44

2 km areas are under forest. The percentage of forestcover is 56.26%. Dense forest covers an area of 130.67km2 (5.02%) while 1,304.94 km2 (50.13%) area iscovered by open forests. The plantation area of thedistrict is 16.86 km2. The areas under non-forest are1,062.09 km2 (40.84%) and shifting cultivation area is76.46 km2 (2.94%) (Fig.2) (Table 1).

An area of 2,156.19 km2 is under forest cover in theWest Garo Hills district which is 58.64% of the totalgeographical area of the district. Dense forest covers108.84 km2 (2.96%) area while open forest occupies1995.50 km2 (54.27%). The area under plantation is12.15 km2 which represents 2.14 % of the totalgeographical of the district. The remaining 1,520.81

2km area is under non-forest which is 41.36% of thetotal area of the district. Shifting cultivation occupies78.71 km2 (2.14%) (Fig.3) (Table 2)

The total area of South Garo Hills district is 1,887km2 of which 1,075.03 km2 (56.97%) area is under forestcover. Dense forest occupies 100.20 km2 (5.31%) and

open forest covers 966.48 km2 (51.22%) of the total areaof the district. The plantation area is 7.97 km2 which is0.42% of the total geographical area of the district. Thearea under non-forest is 759.14 km2 which is 40.23% ofthe total area. The area under shifting cultivation areais 7.97 km2 (0.42%) (Fig. 4) (Table 3).

Forest Type and Different Land Usesunder Government and the control ofDistrict Council in Garo Hills

In Garo Hills district only 6.8% of the totalgeographical area is under the control of forestdepartment. The areas under government control arein the form of reserve forest or national park. The totalarea under reserve forests is 288.13 km2 while nationalparks consist of 267.48 km2. There are 16 reserveforests in the district viz., Chimabangshi, Dhima,Dilma, Rajasimla, Iidek, Darengiri, Rongrengiri,Dambu, Songsak, Dribru Hills, Tura Peak, Baghmara,Angratoli, Rewak, Emanggiri and Siju ReserveForests. The two national parks are Nokrek NationalPark and Balpakhram National Park. The rest of theareas are controlled either directly or indirectly by theDistrict Council (Fig. 5).

The reserve forests have 54.6% areas under forestcover. Bamboo brakes cover an area of 0.25%, dense

Table 1 Different land uses in East Garo Hills district of Meghalaya

Table. 2 Different land uses in West Garo Hills district of Meghalaya


Fig.1 Landuse map of Garo Hils districts

Fig. 2 Land use map of East Garo Hill district


Fig.3 Land use map of West Garo Hill district


forests 5.07% and open forests 49.28%. The percentageof national park areas covered by forest is 85.18.Bamboo brakes have an area of 0.07%, dense forests28.51% and open forests 56.60%. The percentage ofnon forest areas in reserve forests and national parksare 45.4 and 14.82 %, respectively (Fig. 5) (Table 4 andTable 5).

Community structure of major forest types of Garo Hills district

Tropical and subtropical forests have attracted theattention of large number of workers all over the world,who have carried out comprehensive studies on theircommunity organization and dynamics, and haveestimated species richness, biomass, productivity and

Table 3 Different land uses in South Garo Hills district of Meghalaya

Fig. 4 Land use map of South Garo Hill district


Table 4 Different land uses in Reserve Forests of Garo Hills district of Meghalaya

Fig. 5 Map showing the reserve forests and national parks of Garo Hills districts of Meghalaya

Table 5 Different land uses in National Parks of Garo Hills district of Meghalaya


their role as a major carbon sink in the global carboncycle. In Asia, such forests occupy much forested area ofIndia and dry areas of Southeast Asia, which havepronounced periodicity of temperature and dry andwet seasons. These forests are best developed in parts ofIndia, Myamnar, Thailand and Malaya that experiencesmonsoonal climate.. The subtropical forests found inIndia have been termed as montane subtropical forestsby Champion and Seth (1968). Undisturbed forestpatches are mainly confined to inaccessible hill slopesand valleys along the banks of rivers and streams or inthe form of protected forest. Understanding theconsequences of human disturbances on forestdynamics is fundamental for the proper management offorest ecosystems.

The primary reason of forest destruction ishabitat destruction, their overexploitation formedicinal and ornamental purposes andencroachment in forested area for cultivation andmining. Therefore, understanding the regeneration

status of some of the important trees is a pre-requisite for their conservation.

Methodology

Various representative forest patches of tropicaldense and open forests, plantations and bamboopatches were selected in all the three Garo Hillsdistrict of the state of Meghalaya to characterize itsstructure and floristic composition. Ten quadrats of10 m x 10 m size were placed randomly in each ofthe tropical dense and open forests. All woodyindividuals were recorded and identified followingregional floras (Balakrishnan 1981-1983, Haridasanand Rao 1985-1987). Frequency, density, basal coverand importance value index was calculatedaccording to Misra (1968) and Mueller-Dombois andEllengberg (1974). Density-diameter distributionpattern was also studied to understand thepopulation structure of the forests.

Fig 6 Map showing areas under different forest types and land covers within the reserve forests and national parksof Garo Hills districts of Meghalaya


Sub-tropical broad-leaved forestSubtropical forests occur above 1000 m msl whereaverage annual rainfall ranges between 300-500 cmand temperatures show noticeable differencesbetween summer and winter season. Forest patchesof varying sizes are located in the upper ridges ofTura and Siju reserve forests, Damalgiri and southernparts of Garo Hills districts. Forests are found mainlyon inaccessible hill slopes and valleys along the banksof the rivers and streams. The subtropical forest ismore rich in species than the tropical moist deciduousforest in the Garo Hills.

Tree diversity

A total of 35 and 81 woody species representing 38and 63 genera and 26 and 36 families were recordedfrom the sampled area of open and dense foreststands, respectively (Table 6). There were tropical,temperate, and Sino-Himalayan, Burma-Malaysianand Malayan elements in the forest. Besides that taxabelonging to primitive families like Annonaceae,Ranunculaceae, Piperaceae, Menispermaceae,Lauraceae and Myricaceae and primitive genera likeMyrica were also present in the dense forest.

The trees of the dense forest were distributed inthree distinct strata viz., canopy (>20 m height), sub-canopy (10-20 m) and tree-let (2-10m) layer.Elaeocarpus rugosus, Dysoxylum gobara and Engelhardtiaspicata in the dense forest were among the dominantcanopy tree species of the region. Lauraceae (11species) and Euphorbiaceae (6 species) were thedominant family in the dense and open forest stands,respectively. A large number of families weremonospecific in these forest stands.

In terms of importance value index, Vitex vestita,Callicarpa arborea, Citrus hystrix and Macaranga indicain dense forest and Castanopsis indica, Artimisianilagirica, Dysoxylum gobara, Kydia calycina, and Maesaindica in the open forest areas were among thedominant tree species (Table 6). Dominance-distribution pattern among the tree species showedlog normal distribution pattern (Fig. 8), signifyinghigh equitability and low dominance in thecommunity in the dense forest. However, it resembledthe broken-stick model in the open forest which couldbe attributed to lesser number of species occurring inthis forest and also due to stressed environment atwhich they are exposed. Majority (57-79%) of treeswere contagiously distributed and only a few speciesshowed regular distribution.

Stand density and diversity indices

The density of woody species was comparativelymore in the dense forest than the open forest. In termsof density, Callicarpa vestita, Citrus hyxtrix andCastanopsis indica in dense forest, and Castanopsisindica, Kydia calycina and Maesa indica in the openforest were among the most dominant of woodyspecies. They together constituted 15% and 28% of thetotal stand density.

The stand density was comparatively high in theopen forest than the dense forest stand which could bedue to existence of trees of middle age. Distribution ofstand density in different girth classes revealed thattrees of young individuals accounted for 67% and 35%of the total stand density in dense and open forestareas, respectively. Trees beyond >95 cm girth classaccounted for only 3% and 9% of the total standdensity of the above stands.

There were differences in the floristic compositionand community characteristics observed in open anddense forest stands and these could be attributedmainly due to disturbances. Majority of species inboth the forest stands had low frequency and showedcontagious/clumped distribution therefore, makingthe community highly heterogeneous and patchy. Thelognormal dominance-distribution curves, as found inthree stands of present study, signify equitability and

Fig. 7 Girth-class distribution of woody species in theopen and dense stands of subtropical forest of Garo Hills districts of Meghalaya


Table 6 List of woody species and its importance value in open and dense forest stands of subtropicalforest of Garo hills districts of Meghalaya


stability of the community (Magurran, 1988). It alsoindicates the maturity and complexity of the naturalcommunity.

The results presented in the foregoing pagesclearly indicate that these forests representsubtropical broad-leaved forest and are similar toother species rich tropical rain forests. The openforest is subjected to deforestation and forestfragmentation due to large scale forest land clearingby slash and burn agriculture, mining, extraction offorest resources such as timber, fuel-wood andcollection of medicinal plants. These human activitiesresulted in shrinkage in the forest cover of the regionand has also altered the micro-environmentalcondition and structure of the forest ecosystem whichhas ultimately resulted in change in speciescomposition. Therefore, plant diversity status andcommunity structure of these forests is needed forconservation management.

Tropical moist deciduous forest

Tropical forest occurring below 1000 m may be eitherevergreen or semi-evergreen depending upon thedominance of evergreen and deciduous trees in thecanopy. This forest type is represented by sal bearingforests at low elevation in Rongregiri, Songsak,Darenggiri and Baghmara areas of Garo Hills whereannual rainfall is less than 150 cm. Along with Shorearobusta, other tree species like Tectona grandis,Terminalia myriocarpa, Sterculia villosa, Picrasma

javanica and Mallotus phillipensis are also present.These forests are best developed in monsoon areas ofIndia, Myanmar, Thailand and Malaysia (Puri 1960).The undisturbed forest patches are mainly confined toinaccessible hill slopes and valleys along the banks ofrivers and streams or in the form of protected forest.

The primary reason of forest destruction is habitatdestruction, overexploitation for medicinal andornamental purposes and encroachment in forestedarea for cultivation and mining. Therefore,understanding the regeneration status of some of theimportant trees is a pre-requisite for theirconservation.

Fig 8 Dominance-distribution curves of the woodyspecies in the open and dense stands of subtropicalforest of Garo Hills districts of Meghalaya

Fig. 9 A view of tropical open forest

Fig. 10 A view of tropical dense forest


Tree diversity

A total of 23 and 52 woody species were recordedfrom the sampled area of open and dense foreststands, respectively (Table 7, 8). The trees of the denseforest were distributed into distinct strata viz.,canopy(>20 m height) and sub-canopy (2-20 m) layer.Terminalia myriocarpa, Schima wallichii and Toona ciliatain the dense forest were among the dominant canopytree species. In terms of importance value index,Terminalia myriocarpa, Schima wallichii and Toonaciliata in dense forest and Albizia lebbeck, A. procera,

Callicarpa arborea, Schima wallichii Shorea robusta, Euryaauminata, Mangifera sylvestris and Phoebe goalparensis inthe open forest areas were among the dominant treespecies (Table 7). Dominance-distribution patternamong the tree species was log-normal distributionpattern in the dense forest and it was towards broken-stick model in the open forest (Fig. 8), signifying highequitability and low dominance in the community ofthe dense forest. However, this could be attributed tothe lesser number of species occurring in this forestand also due to stressed environment at which thesespecies are exposed.

Table 8 List of woody species and its importance value in open and dense forest stands oftropical forest of Garo hills districts of Meghalaya

Table 7 Community characteristics of woody species of the subtropical forest


Stand density and diversity indicesThe stand density of woody species followed asimilar trend to that of the subtropical forestwhere density was comparatively more in thedense forest than the open forest. In terms ofdensity, Schima wallichii, Barsubreadth, Terminalliamyriocarpa, Syzygium species and Eurya acuminatain dense forest, and Callicarpa arborea, Albiziaspecies, Shorea assamica and Emblica officinalis inthe open forest were among the most dominantwoody species. A large number of individualswere represented by low densities in both thestands and have a low basal cover contributiondue to their age structure.

The stand density was comparatively high in thedense forest than in the open forest stand whichcould be due to existence of young and middle agedtrees in the former stand and also due to itsaccessibility and low level of disturbance.Distribution of stand density in different girthclasses revealed that young trees accounted for 64%and 70% of the total stand density in dense and openforest areas, respectively. Trees beyond >115 cmgirth class contributed only 10% and 5% of the totalstand density of the above stands. Shannondiversity index were comparatively high in thedense forest, while Simpson dominance indexshowed a reverse trend.

Increased biotic pressure has resulted in openingand shrinkage of forest cover due to selective feelingof trees. Subsequent secondary regeneration hasrevived the forest but has altered the forest structurein favour of fast growing species as indicated bydominance of young girth class of selected species,thereby altering the micro habitat.

Shifting cultivation

About 85% of the population of the state is rural andthey depend on agriculture for their livelihood. Of thetotal geographical area, about 13% is under shiftingcultivation. This practice is locally known as ‘Jhuming’and is practiced extensively on the hill slopes in allparts of the Garo Hills except at low elevation. Herethey have some permanent agricultural land (villageslike Garobandha, Jalgaon etc.,) especially in thewestern, southern and eastern parts borderingBangladesh and Assam. Because of the hilly terrain,settled cultivation is practiced only in a small portionof the total cultivated land, mostly confined to thevalleys. Because of the high labour cost and energyinput involved in terrace cultivation, and in theabsence of other viable alternatives, the majority ofthe population continues to depend on shiftingcultivation for their subsistence needs. The Jhumingcycle was about 20 years but has now reduced to 3-5years in the western part and 1-3 years in the centraland eastern parts of the state. Jhuming has resulted inlarge-scale deforestation, soil erosion, nutrient loss

Fig. 11 Dominance-distribution curves of the woodyspecies in the open and dense stands of tropical moistdeciduous forest of Garo Hills district of Meghalaya

Fig 12: Girth-class distribution of woody species inthe open and dense stands of tropical moistdeciduous forest of Garo Hills districts of Meghalaya


and invasion of weedy and other species. Theseactivities have ultimately affected biodiversity to alarge extent.

The general process involved in Jhumingincludes slashing of vegetation during November-December, burning in February-March and thensowing of seeds by dibbling method. Major cropsare cereals, vegetables and oil seeds. The practice isto continue cultivation for a few years and thenabandon the land and shift to a new site; laterreturning to the same site for shifting cultivation.Frequent shifting from one land to other hasaffected the natural forest caused forestfragmentation and disappearance of local speciesand invasion of weedy species. Shifting cultivationis largely practiced on lands owned bycommunities, clans and also on lands under theadministrative control of the Autonomous DistrictCouncils. A small area in some reserve forests andprotected forests are also affected by this practice.

About 208 km2 area is under shifting cultivation inall the three districts of the Garo Hills. The age of theabandoned field ranges from 2-15 years. Theseabandoned fields are covered by fast colonizingspecies like Acaranga denticulate, Callicarpa arborea,Schima wallichii, Bauhinia varigata, Albizia procera, A.lebbeck, Mikania micrantha, Eupatorium odoratum,Thysolaena sp., and bamboo species.

Plantation

The major plantation in the Garo Hills districtsincludes Shorea robusta, Tectona grandis, Areca nut(Areca catechu}, Anacardium occidentale, Coffee (Coffeaarabica) and Haevea brasilensis. They are locatedespecially in the western parts of West Garo hills,central parts of East Garo Hills and southern parts ofthe South Garo Hills district. Sal and Teak forests areprotected by the forest department of the state,however, Cashewnut and Areca nut are under thecontrol of local people (land owners). It was,therefore, very difficult to classify and calculate theareas under each kind of plantation. The various types

Fig 13 Shorea robusta(Sal) plantationFig 11 A view of early abandoned Jhum

Fig 10 A view of Jhuming in Garo Hills

Fig. 12 A view of late abandoned Jhum


were thus covered under a general head of plantationwhich covers an area of about 37 km2.

Sal and Teak plantation: These forest patches areseen in the entire Garo hills district especially in areaslike Amongpara, Barengpara, Baghmara reserveforest, Songsak, Dodedare. Sal and Teak forests aremostly dominated by Shorea robusta and Tectonagrandis, and a few scattered trees like Embeliaofficinalis, Terminallia arjuna, Melia azadirichita, Bombaxcieba, Cleirodendron sp., Cassia sp., Quercus sp.,Artocarpus sp. Mangifera sylvestris, Erythrina strictaand Schima wallichii.

Rubber plantation: Soil Conservationdepartment of the forest department haveintroduced rubber and coffee plantation in a fewplaces like Songsak, Baregpara, Gangichetrigre, etc.of the Garo hills. In these areas, rather than Haveabrasilensi species such as Callophyllum polyanthum,Mangifera sylvestris, Paedaria foetida were alsorecorded.

Cashewnut plantation: Cashew plantations arepresent in both wild and managed forms and itcovers more or less as much area as the sal and teak

plantations. These patches are best seen in areas likeGingichekre, Gangichetgire Balamagire, Tikriop,Baregpara, Baghmara. There were various otherspecies like Melia azadirichta, Bombax cieba,Artocarpus sp., Cassia sp., Tectona grandis, Shorearobusta, Alstronia sp., also recorded from theseplantation.

Bamboo brakes: Pure and large continuousbamboo forests cover an area of about 0.61 km 2 inthe Garo Hills district. There could be more areascovered by the bamboo forests but were so smallthat it was difficult to identify and estimate. Theyare located in places like Amongpara, Kherapara,Tikriop, Jakopara, Sankhan and Japanapara. Thereare many varieties of bamboo species and some arelike terai bamboo, Wathri, Wakanta and Wagi etc.Some scattered trees and shrub species like Micheliasp., Melastostema sp., Cleirodendron infortunatum,Albizia lebbeck, A. procera , and Ficus sp. were alsorecorded from the field.

Fig 17 A view of Anacardium occidentale plantation

Fig 18 Hevea brasiliensi(Rubber) plant

Fig 19 A view of the bamboo forest

Fig 20 A view of rubber plantation


References

Balakrishnan, N.P. 1981-83. Flora of Jowai and Vicinity. IIVol. Botanical Survey of India, Howrah.

Garg, J. K.; Narayan, A. and Basu, A. 1988. Monitoringenvironmental changes over Kudremukh iron oremining areea, India using remote sensingtechnique. Proceedings of the Indo-Britishworkshop on remote Sensing of Environment inMining field. ISM. Dhanbad. pp. 41-47.

Haridasan, K. and Rao, R.R. 1985. Forest Flora ofMeghalaya (Vol. I), Bishen Singh Mehendra PalSingh, Dehradun

Misra, R. 1968. Ecology Work Book. Oxford-IBHPublishing Company, Calcutta.

Mueller-Dombois, D. and Ellenberg, H. 1974. Aims andMethods of Vegetation Ecology. John Wiley andSons, USA.

SAC (ISRO). 1990. Impact of mining activities andsuperthermal power stations on environment,Project Report No RSAM/SAC/ENVN/PR/08/90.

Fig 21 Restoration of degraded habitat through natural regenation and plantation in Selbalgre

CHAPTER VI

Introduction

Meghalaya is predominantly an agrarianeconomy with agriculture and alliedactivities engaging nearly two-thirds of the

total work force. The state also has a rich base ofnatural resources that includes minerals such as coals,limestone, silimanite, kaolin, granite, etc and a widecover of forest that occupies over 42.4% of thegeographical area of the state (FSI, 2001) supporting arich diversity of flora and fauna.

The availability of natural resources and asustainable pattern of their utilization are critical tothe development. However, over-exploitation of theforest resources creates an imbalance betweenproductivity and use leading to degradation andshrinkage of habitat (Lanly, 1983; Kerr and Currie,1995; Barthakur, 1998; Mckinney, 2000; Wakermagel etal, 2003 and Kumar et al, 2006 ).

Benefits accruing to people from forests have beenseldom estimated, and in most cases only partiallydone. Therefore, there is an urgent need to assesstangible and non-tangible benefits a society derivesfrom the forests. This is essential for demonstratingthe actual contribution of forests to society and also toplan for sustainability of such extractions.

Conservation of the depleting natural resourceshas been a challenging task for the land planners,policy makers and foresters, especially in the existingsocio-political milieu. Solutions addressing the issuecan only be devised provided sufficient information isavailable on the extent of resource exploitation andsustainability of such extractions which unfortunately

is lacking. Quantitative data on forest biomassremovals by local communities has remainedfragmentary (Appasamy, 1993; Goday et al., 1995;Hedge et al., 1996 and Amacher et al., 1996) in spite ofthe fact that millions of people extract forest productsthroughout tropics (Malhotra et al.,1991). Further, thesustainability of these removals has hardly beenattempted. Such information form northeast India inparticular are lacking except few studies of Barthakur,1998; Kumar et al.,2002; Marcot et al 2002; Kumar et al.,2006 and Bera et al., 2006. A study was thereforeinitiated to find out the how local communities aredependent on the forest resources around theirsettlements, what is the contribution of each resourceto the society and the threats on these resources.

This study aimed at assessing:

1. the sources of energy for heating and lighting.2. cause of forest degradation.3. causes of man – animal conflict.4. level of extraction and utilization of bio– mass and

fauna.5. land use pattern and extent of land being

possessed and owned.6. livestock owned & feeding method to assess

impact on forest.7. level of people’s participation in forest

management.

Methodology

Survey Design

A stratified two-stage design has been followed forthe survey. Villages listed in the Census (2001) were

Sandeep Kumar Tiwari, Rahul Kaul, Susenjit Nath Choudhury, Siddhartha Bhattacharjee, Satadal Acherji and Prabal Sarkar

Natural resource extraction and utilization by the people of Garo hills, Meghalaya


the first stage sampling units and households werethe second unit that was surveyed.

Of the three administrative districts a total of 58villages were selected at random, assigning

probability proportional to the village size of the eachstratum (district). Out of these 58 villages, 464households were selected at random for detailedenquiry. Tippet’s random number series wereconsulted for random selection.

Table 1 List of villages surveyed


Survey

Survey was conducted on the basis of a pre-formatteddata sheet and answers to questions pertaining to thefollowing were sought:

a) Socio-economic statusb) Forest resource and its utilizationc) Land holding and resource availabilityd) Animal wastes and resource utilization

Community composition of peopleinterviewed

A total of 464 families were interviewed during thisstudy comprising of approximately 96.5% Scheduletribe (ST), 0.4% Schedule caste (SC) and 3.02% othercommunities (mainly Bengalis and Assamese) (Fig. 1)

Number of people interviewed in different districtsvaried, depending upon the population size of districtand location from forest. Random number series wasused to select the villages for the survey. In West Garohills, 216 families from 29 villagers under seven blockswere surveyed. In East Garo hills, the people surveyedwere 144 families from 18 villages under four Blocksand in South Garo hills 104 families from 11 villagesunder three Blocks (Fig. 2). The sex ratio of peopleinterviewed in different districts are shown in Fig. 3.The survey was conducted between June – August 2006.

Results

Age- sex class of the population

Survey of the Garo hills indicated no clear bias infavour of either gender and the overall sex ratio ofGaro hills was found to be 1.06:1 (M:F) which iscompletely in line with the male and female ratioreported during the state census of 2001. Around46.5% of the population was of 18 yrs and below.Almost a similar percentage (45.8%) was found to bein the age group of 18-50 yrs. This indicates that amajor part of the population is young and in agrowing phase and only 7.74% of the population wasfound to be old (Fig. 4).

Education status of the people

The survey also assessed the education level ofpopulace. As can be seen in the Fig. 5 about 30.8% ofthe population was illiterate and another 30.5% of thepopulation had only informal education. Only 25.5 %

Fig. 1 Social structure of the people surveyed

Fig. 2 Blocks, villages and families surveyed in thethree districts

Fig 3 Sex composition of the people survey

Fig. 4 Sex ratio of people interviewed in different districtsof Garo Hills

William Nagar


of the population had primary education and lessthan 10% had secondary level of education. This is amajor concern as less than 15% of the population werefound to have secondary or higher level of educationwhich determines job opportunities (Fig. 6). Decreaseof job opportunities could lead to increaseddependence on natural resources for sustenance.

Occupation of the people

The survey also looked at the primary and subsidiaryoccupation of people in the Garo Hills to understandthe livelihood of the people and level of dependencyon forest for livelihoods and sustenance. Almost 52%of the people surveyed were principally selfemployed in agricultural and plantation (cashew,oranges, arecanut and rubber) activities. About 21.3%people were wage and salaried employed. About12.3% of the people were self employed in non-agricultural activities. Only 2.37% of the people wereprincipally engaged in collecting forest resources .

About 69.7% of the people apart from theirprincipal occupation also had subsidiary occupations.Of these 12.93% were engaged in collecting forestresources, 6.25% were self employed in agricultureand 8.8% self employed in non-agricultural activities.About 16.81% were engaged in domestic activities.

Districtwise variation in occupation was alsoanalyzed for both principal and subsidiaryoccupations among the peopled interviewed. In theEast Garo hills, almost 93.1% of the people withprincipal occupation also had some subsidiaryoccupation as seen in Fig.7 Of this, the majority(30.5%) were engaged in collecting forest resourcesand 19.5% in non-agriculture based activities and 16%in agricultural activities.

Suprisingly, in the West Garo hills, only 50.6% ofthe people were involved in subsidiary occupations.More than 50% of people with subsidiary occupationswere engaged in domestic duties and about 11% inforest resource collection (Fig 8).

In the South Garo hills, about 77% were involvedin subsidiary occupation. Of this, only 3.85% were

Fig 5 Age-sex class of the people surveyed in all thedistricts of Garo Hills

Fig. 7 Principle and subsidiary occupation of thepeople survey in east Garo Hills

Fig. 6 Education status of the people surveyed inGaro Hills

Legends1 = engaged in forest resource

collection2 = Self employed in agriculture3 = Self employed in non-agriculture4 = Wages & salaried employment5 = engaged in domestic duty6 = engage in domestic & other duties7 = student8 = other economic activities9 = other non-economic activities10 = others

Fig. 8 Principle and subsidiary occupation of the peoplesurvey in west Garo Hills

engaged in forest resource collection. Majority of them(23%) were involved in other economic activities andabout 32% in domestic and other activities (Fig 9).

Forest resources collected by people

About 57.4% of Garo Hills is under forest cover. Ofthis, less than 7% is under the control of the forestdepartment and rest are either privately owned,community owned or under un-classified forest. Theforest contributes significantly to the local economyand people are dependent on it for fire-wood, timber,bamboo, grasses, canes, medicinal plants, broom stick,bay leaves and other minor produce. Fire wood wasused by almost all the people surveyed, timber by74.8% people, bamboo by 86.5% of the people, grass by27.4% of the people, cane by 6.9% of the people,medicinal plants by 26.7% of the population and otherforest resources by about 10.8% by the people (Fig 10).

Apart from plant based resources, various animalresources are also extracted from the forest. Thisincludes mammals, birds, reptiles, fishes, honey, etc.Approximately 88.8% of the people surveyedconsumed mammals hunted in the wild, 87.2% birdsand 79.5% fishes.

Plant resources

The study indicates that about 74.9% of the samplecollected plant resources freely from the forest in theGaro Hills for self use and also for sale. Only 16.5% ofthe people purchased plant resources from the market(mainly probably extracted from the forest) and only3.24% grew it on their land. The rest 6.4% of thepeople depended upon a combination of freeharvesting, purchase and home grown resources (Fig11).

i) Fire wood:

Approximately, 2.43 quintals of fuel wood was requiredper family per month in the surveyed area. This variedfrom 3.17 quintals/family/month in East Garo Hills,2.72 quintals in South Garo hills and 1.8 quintals/family/month in West Garo Hills (Fig. 11). Most of thefuel wood (89.2%) was collected by the people freely


Fig. 9 Principle and subsidiary occupation of thepeople survey in south Garo Hills

Fig. 11 Plant recourses collected from forest by thepeople surveyed in Garo Hills

Fig. 10 Broom sticks collected from forest areas inSouth Garo Hills Fig. 11 Fire wood collected from nearby forest area


from the forest and some people (3.6%) purchased itfrom the market. Less than one percent grew it at home.Some people (1.7%) met their fuel wood requirementseither by freely collecting from forest and partiallypurchasing from market and the other 4.5% by partiallycollecting from forest and partially growing at home.

The demographic profile of the families surveyedindicates that about 5.9 members per family whichwhen extrapolated for the population of Garo Hillscomes to approximately 1,47,450 families. This meansthat about 3,58,302 quintals of fire wood is needed forGaro Hills per month. This is a substantialrequirement and about 90% of it is extracted from theforest, free of cost.

ii) Timber

On an average about 6.13 poles of timber wereextracted per family every month and varied from 8.63poles (less than 30 GBH) per family per month in SouthGaro Hills to 5.99 in West Garo Hills and 4.53 in EastGaro Hills. Most (55.2%) of the timber is extracted freeof cost by the people from the forest and only 12.7% ofthe sample is purchased from the market. Only 1.7% ofthe people met their timber requirement from woodgrown by them. Approximately 4.31% of the peoplemet their timber requirement by partially collectingfrom the forest and partially purchasing it from themarket.

iii) Bamboo

Bamboo contributes significantly to the local economy of

the Garo hills and is extensively used for construction ofhouses, paper and handicrafts industry. A large part isalso exported to the neighbouring state of Assam. On anaverage each family extracts about 130.9 bamboos permonth which varies from 177.9 bamboos per family permonth in West Garo Hills to 92.9 bamboos in East GaroHills and 85.9 bamboos is South Garo Hills.

Of the 86.42% of the people extracting bamboo,almost 58.8% collects them free of cost from the forestand another 14.4% purchase from the market (Fig. 12).Almost 7.1% of the requirement is met by bamboogrown by people. Another 4.74% of the peoplepartially collect from forest and partially purchase,from the market.

Other plant resources are also collected by peoplelike canes (6.9%), grasses (27.4%), medicinal plants(26.7%) and other minor species (10.78).

Value of the plant resources extracted

People collect forest resources for self use or for sale toto generate revenue. On an average the value of plantresources extracted per family every month was Rs1,656 of which plant resource worth Rs 1485 was forconsumption at home and only a small amount of Rs171 was earned per month by selling a part of theresource collected (Fig. 13).

Of the total resources collected per family permonth, timber contributed to about Rs 582, fire woodRs 463, bamboo Rs 311 and canes, medicinal plantsand grass contributes about Rs 301.

Animal resources Animal resources are used in most part of NortheastIndia (Hilaluddin et al., 2005) and also by the Garopeople to supplement their protein requirements. Theseinclude species, mostly mammals, birds and fishes.Some people also consume reptiles and honey. About88.8% of the people surveyed consumed mammals,

Fig. 13 Value of plant based resources used from forest

Fig. 12 Non-timber forest product being collected bythe villager


87.2% birds and 79.5% fishes. Only about 5.17% peopleconsumed reptiles and 9.7% honey (Fig. 14).

On an average, animal resources worth Rs 6256were consumed per family every year. Of thismammals contributed to Rs 2852.5, birds Rs 1448,reptiles Rs 115, fishes Rs 1779, honey Rs 54 and others,approximately Rs 8 per annum. Of all the resourcescollected from the forest, less than 7% were sold in themarket.

Source of energy

At the village level, all the villages reported the useof wood as source of fuel along with kerosene (89.6%),electricity (44.8%), LPG (6.9%) and bio gas (Fig. 15).

Land holding status of the people

On an average, each family possessed about 1.67hectare of land but owned only about 1.07 hectares ofland probably implying that a part of the land wasencroached (Fig. 16, 17 & 18).

Resource from agriculture residue andanimal waste

Agriculture residue

The use of agricultural residues were also assessed tounderstand their contribution to the earning of afamily. About 53 % of the people used rice bran andonly 11% used straw and 3.66% oil cakes. Straw wasgenerally used to either feed the cattle or thatch for theroof of their huts.

Animal residue

The only animal residue collected by the people inGaro Hills was cow dung and was used by about75.6% of the people. Most of it (42.7%) was fromown cattle and the remaining 26.7% was collectedfreely from other places. The market value of thedung collection was about Rs 1,165 per annum perfamily.

Fig. 16 Land owned and possessed by the people inGaro Hills

Fig. 17 Land owned by the people in Garo Hills

Fig.18 Land possessed by the people in Garo Hills

Fig. 14 Animal resources used by the people in Garo Hills

Fig. 15 Source of energy used by the people in GaroHills for heating and lighting


Livestock

It is important to look at the livestock possessed by thepeople and evaluate their grazing requirements tounderstand their possible affect on forests. Cows, goats,pigs and birds were the most important livestockpossessed by the people here. Of these pigs and cowswere the most preferred ones. About 55% of the peoplepossessed one or more livestock. Almost all thelivestock, 98.25% of goats and 95.35% of cattle were letout for grazing.

Conclusion

Meghalaya has a rich forest cover and althoughagriculture forms the backbone of its economy, mineralwealth is a premier revenue earner. More than 55% of theland cover in Garo hills is under forest. Although theSupreme Court of India’s ban on tree felling in 1996 hasbeen able to check the rapid decline of forest cover, therehas been a gradual decline in the forest cover due toincreased jhumming and unplanned and non-scientificmining especially for coal and limestones (Tiwari et al.,2005). The state earned a total revenue of Rs 3980.32 lakhfrom mineral sector during 1997-98(http://meghalaya.nic.in/ natural-resources/mineral.html). Therich deposits of minerals in south and east Garo hills andthe absence of a scientifically based land-use and

environmental management plan could lead to a furtherdeterioration in coming years. With very little area (lessthan 7%) under control of state forest department, themanagement of forest has been a daunting task.

Though the majority of people surveyed havealternative sources of energy (kerosene 89.6%,electricity 44.8% and LPG 6.9%), almost all peoplesurveyed depend on fire wood. This is because it can beobtained free of cost from the forest or even if it is to bebought from the market, is cheap to buy. With thecurrent rate of about 243 kg of fuel wood extracted perfamily every month (which when extrapolated for theentire Garo hills is about 3,58,302 quintals per month),the pressure on forest is immense and could furtherdegrade and reduce the forest cover. Suitablealternatives need to be provided but as long as wood isavailable free of cost, people will consider that as theirprime option.

Besides fire wood, large scale extraction of timber andbamboo has also contributed to the degradation and lossof forests. About 75% of the people in Garo hills areinvolved in extraction of timber from the forest and on anaverage about 6.13 poles of timber is extracted by eachfamily per month. Almost 55% of the timber is extracteddirectly from the forest. Along with timber, bamboo isanother important resource used by the people forconstruction of houses and in paper and handicraft

Fig. 19 Map showing mineral resource distribution in Meghalaya


industry. A large part of bamboo is also exported toAssam and Bangladesh. 86.4% of the population usebamboo and the average extraction per family is about131 bamboos per month. 58.8% is directly extracted bythe people from the forest and only 7.1% is grown by thepeople. Although a part of the extraction is naturallyregenerated, but at this rate of timber and bambooextraction, the loss of forest is quite inevitable.

Apart from the plant resources being extracted by thepeople, animal resources are also substantially used tosupplement the protein requirement. Like other tribalpeople, the Garos are also involved in hunting of wildanimals. However, less than 10% of the people extract wildanimals from the forest and the meat is then eitherdistributed to those who do not hunt free of cost or formoney.

Large scale dependency on forest can also berelated to the socio-economic status and the ethno-behaviour of the people. The survey found that almost30.8% of the people were illiterate and another 30.5%had only informal education. Because of the lowliteracy levels, most people are still unaware of theimportance of forest and the need for futureconservation and protection of wildlife and forest.Only about 21.3% people were salaried. A decrease ofjob opportunities due to low literacy could also lead toincreased dependence on natural resources forsustenance.

As already mentioned, Meghalaya is mostly anagricultural state. Almost 52% of the people surveyed

was principally employed on their own in agriculturaland plantation activities and another 21.3% of peoplewere salaried. 12.3% of the people were selfemployed in non-agricultural activities. On anaverage, each family in the Garo Hills has 1.67 hectareof land but owns only about 1.07 hectares. Of this onlyabout 0.7 hectares is cultivable land and another 0.75hectares plantation land used mainly for areca nutplantation. Recently, however, in some areas cashewand rubber plantation also have come up.Traditionally, the hill societies have been largelydependent on forests for sustenance but this haschanged somewhat with economic development.However, in the Garo hills such opportunities are lessand coupled with low agricultural yields from thefarmlands, people are forced to follow their traditionsand also harvest surpluses for sale. Hence, there is agreater dependence on forest for food and otherneeds. This has to be urgently addressed andalternative livelihood options explored.

Thus, a multi pronged approach to address the issueof literacy, population growth, scientific extraction ofminerals in a planned and ecologically sensitive manneris the need of the hour. Reduced dependency on forestfor energy and sustenance by providing alternateenergy source (LPG, solar panel, bio gas) andlivelihoods along with proper enforcement can halt thedeclining trend of forest and improve the overalllifestyle of people. The autonomous district councils canplay a major role here.

Fig.20 Bamoo Shoots being collected by local people


ReferencesAmacher, G. S., W. F. Hyde and K. P. R., Kanel (1996):

“Household Fuel wood demand and supply inNepal’s terai and mid-hills: choice between cashoutlays and labor opportunity”, Worlddevelopment Vol. 24, No.11, Pg. 1725 – 1736.

Appasamy, P. P. (1993): “Role of non-timber forestproducts in subsistence economy: the case of ajoint forestry project in India”, Economic Botany47(3), Pg. 258-267.

Barathakur, D.N. (1998). Environmental andsustainable agriculture. Souvenir brought out atthe National Conference (Eastern Region) onEnvironmental and sustainable development, 13-14 October, 1998, Vol I, 14-16

Bera S.K., Basumatary S.K., AgarwalA. and Ahmed,M (2006). Conversion of forest land in GaroHills, Meghalaya for construction of roads: athreat to the environment and biodiversity.Current Science, 91(3): 281-284.

Goday, R., N. Brokaw and D. Wilkie (1995): “The effectof income on the extraction of nontimber tropicalforest products: Model, hypotheses, andpreliminary findings from the Sumu Indians ofNicaragua”, Human Ecology, Vol. 23, No. 1, Pg.29-52.

Hedge, R., Suryaprakash, S., Achoth, L. & Bawa K. S.,1996. Extraction of non–timber forest products inthe forests of Biligiri Rangan Hills, India:contribution to rural income. Economic Botany,50: 243–251.

Hilaluddin, Kaul, R. & Ghose, D., 2005. Conservationimplications of wild animal biomass extractions inNortheast India. Animal Biodiversity andConservation, 28.2: 169–179.

Kerr, J.T. and Currie, D.J. (1995). Effects of humanactivity on global extinction risk. ConservationBiology, 9: 1528-1538

Kumar, A., Marcot, B.G. and Roy, P.S. (2006). Spatialpatterns and processes for shifting cultivationlandscape in Garo Hills, India. Landscapeecology, IUFRO 8.01.03

Kumar,A., Gupta, A.K., Marcot, B.G., Saxena, A.,Singh, S.P. and Marak, T.T.C (2002).Management of forests in India for BiologicalDiversity and forest productivity- A newPerspective, Vol IV: Garo Hills conservationArea (GCA). WII-USDA Forest ServiceCollaborative project report, Wildlife Institute ofIndia, Dehradun, 206p

Lanly, J.P. (1983)Assessment of the forest resources of thetropics. Commonwealth Forest Bureau reviewarticle, forest products abstract. Vol 6, 137-162

Malhotra, K.C., Deb, D., Dutta, M., Vasula, T.S.,Yadav, G. & Adhikari, M. 1991. Role of non-timber forest products in village economy: Ahousehold survey in Jamboni Range,Midnapore, West Bengal. India, IndianInstitute of Bio-social Research and Development.

Marcot, B.G., Kumar, A., Roy, P.S. and Sawarkar, V.B.(2002). Towards a landscape conservationstrategy: Analysis of Jhum landscape andproposed corridors for managing elephants insouth Garo Hills and Nokrek area, Meghalaya.Indian Forester 128(2): 207-216

Mckinney, M.L. (2001). Role of human population sizein raising bird and mammal threat amongnations. Animal Conservation, 4: 45-57.

Tiwari, S.K., Karyong, Sunil S., Sarkar, P., Choudhury,A. U. and Williams, A.C (2005). ElephantCorridors of North-eastern India. In. Menon, V.,Tiwari, S.K., Easa, P.S. and Sukumar, R. eds.Right of Passage: Elephant corridors of India.Wildlife Trust of India, New Delhi.

Wakermagel, M., Schulz, N.B., Dunling, D., Linares,A.C., Jenkins, M., Kapos, V., Monfreda, C.,Loh, J., Myers, N., Norgaard, R., and Randers,J. (2002). Tracing the ecology overshoot of thehuman economy. Proc. Nat. Academy Sci., 99 :9266-9271.

Forest Survey of India (2001). State of Forest Report.Ministry of Environment and Forests, Govt.of India, Dehra Dun.

CHAPTER VII

Introduction

Forest resources play an important role inproviding sustenance and livelihoods to a highproportion of human population around the

world (Pimental et al., 1997 and Mahapatra andMitchell, 1997). However, people’s dependency onforest varies depending upon the availability ofresources in different regions that leads to varyingethnological use patterns. The northeast India is pre-dominantly occupied by tribal people who aretraditionally dependent on forests. A number ofearlier studies have covered ethnological use ofdifferent flora (Arora, 1980; Haridasan et al.,1990) andfauna (Borang, 1996; Solanki, 2002; Solanki andChutia, 2003; Kumar and Solanki, 2004) by differentethnic groups of people in northeast India.

Majority of their forest in Garo Hills is undercontrol of the local community and a significantproportion of them are dependent on forests fortheir livelihood and sustenance. The role of localpeople in natural resource conservation of suchareas is thus vital and any policies aimed atconserving forest resources must take into accountthe people who are reliant on the resources.Further, it is important to know and understandtheir perception of conservation in general and theinitiatives taken for conservation of these resourcesso that any suggestions emanating from thecustodians of these resources can be taken onboard.. It is also very important to know if peopleare aware of their rights for only then can benefitsof conservation percolate down to the grassroots.They must be aware of the policies, rules and lawsand it is only then can effective enforcementhappen.

We therefore initiated a survey to seek answers tothese questions so that the perception of the peoplecould be communicated to the policymakers to helpthem understand issues better so that they maybe ableto plan in a more efficient manner.

Methodology

Data was collected through a questionnaire surveyand recorded on a pre-formatted data sheet. A set ofquestions were asked from the target group togenerate answers to their general perceptions on forestresources, causes of depletion, governance etc.

The survey was conducted at three levels - (i)District Council Members, (ii) Gaon-bura (Villageheadman) and (iii) Household.

(i) District Council Members:11 members of GaroHills District Council were interviewed.

For Gaon-buras and households, two stagestratified random sampling method was followed.Garo Hills area was divided in the existing threeadministrative districts and 58 villages (Census, 2001)were selected at random, the size of the sample foreach district being in accordance with its size (Table 1& 2) .

(ii) Gaon-Bura: All Gaon-bura’s were interviewedfor the selected 58 villages.

(iii) Households: 232 households were selected atrandom from selected 58 villages. (4 households from each village)

The survey was conducted during the month June –August 2006.

People's perception of forest management and

Susenjit Nath Choudhury, Sandeep Kumar Tiwari, Rahul Kaul, Siddhartha Bhattacharjee and Satadal Acherji

conservation in Garo Hills


Table 1 List of Villages Surveyed


Table 2 List of Gaon-buras interviewed


Profile of the Sample

Age-sex composition of the peopleinterviewed

All the Gaon buras and Garo Members DistrictCouncils interviewed were males. The 232 peopleinterviewed from the household survey included92.2% males and 7.8% females. About 24.14% of theGaon buras, 27.28% of Garo MDC and 43.05% of thepeople interviewed were in 20-40 years age categoryand 46.55% Gaon buras, 72.7% MDC and 45.25% ofthe people from households interviewed were in 40-60 yrs age class (Fig. 1)

Education status of the people interviewed

About 24.1% of the Gaon burasinterviewed were illiterateand 15.5% had informal education. About 36.2% hadprimary and 20.7% had secondary level education. Only3.5% of the sample had higher secondary education andthere were no gradates or above.

All the MDC members interviewed were literate.About 36.4% had education till higher secondary and27.3% were graduates (Fig. 2).

Among the people interviewed at household level,30.17% were illiterate and 12.8% had only informaleducation. About 36.2% had primary education,

Fig. 1 Age-sex class of the people interviewed


14.2% secondary, 5.60 higher secondary and only1.72% were graduates.

People’s perception towards forest resource and conservation

Survey indicated a wide variation in the perception ofthe people towards forest ownership, forest - extent,type and category, management status andresponsibilities and other issues.

Ownership of the forest

Majority of the forest area in Garo Hills is eitherunder the control of the community, privately ownedor are un-classified forests. Only about 7% of the landis under the control of state forest department.

However, 15.4% Gaon burahsopine that the forestis under the control of state forest department, 56.4%feel that it is under the control of community and28.2% said that it was privately owned. The 30.4% ofthe district council members interviewed howeverfelt that the forest land was under state forestdepartment; almost 61% said that it was under

community and only 18.6% said that it was privatelyowned. At household level, 29.3% of the respondentsthought that the forests were under the state forestdepartment, 40.1% felt that it was under the control ofcommunities and 24.6% thought that it was privatelyowned (Fig. 3).

Decision makers in forest conservation

The state forest department takes care of about 7% ofthe forest cover and the remaining forest is eitherowned by local community, individuals and thedistrict council. People’s perception regarding whomanaged the forest land varied. About 9% of theMDC, 6.9% of the Gaon buras and 6.36% of thehouseholds surveyed believed that state forestdepartment was responsible for managing the forestlands. However, 53.2% of the people at house holdlevel, 58.6% of the Gaon burasand 18.2% of the MDCfelt that forests were managed by the village council.About 9.1% of the MDC, 3.5% of Gaon burasand 3.2%of the households believed that the forest was jointlybeing managed by forest department and villagecouncil (Fig 4).

Fig. 2 Educational status of the peoploe interviewed

Fig. 3 Extent of forest controlled by differentpeople/organisations

Fig. 4 Perception of people of who are responsible for forest management


Initiatives for the conservation of forest

A majority of the people opined that no initiatives arebeing taken to conserve the forest in Garo Hills. Only7.38% people believed that state forest departmentwas taking initiatives to conserve the forest andanother 7% felt that district council had takeninitiatives for forest conservation. But more than11.1% believed that individuals and non- governmentorganizations had taken initiatives to conserve theforest. Overall only 8.5% people thought that someinitiatives were being taken by state/district/privateindividuals or organisations to conserve the forest.However, an high 56.2% people believe that noinitiatives are being undertaken. More than 35% haveno view on this aspect (Fig 5).

a) Initiatives of the government agency

Only 7.4% of the people interviewed suggestedthat the state forest department had taken properinitiatives to protect the forest. But a majority of thepeople (63.5%) felt that no initiatives had been takenby these agencies and another 29.1% had no opinionon this aspect. Looking across the spectrum of peopleinterviewed, very few Gaon buras (7.1%) andhouseholds (6.03%) felt that the state government hadinitiated proper measures to conserve the forest.However, more than one-third of the MDC (36.4%)appreciated the initiatives taken by the state forestdepartment in protecting the forest. More than 67.2%households, 36.4% MDC and almost 42.9% Gaon burasbelieved that no initiatives had been taken by the stategovernment (Fig. 6). One reason for less positiveopinion of most people could be the fact that since thestate forest department controls less than 7% of theforest area, their presence and localized interventionis not felt is most places.

b) Initiatives of the Garo District Council

Only 6.7% of the people interviewed showedthat the District Council has taken sufficientconservation measures in the area for protection offorest and wildlife. Almost 42.3% people feel thatno initiatives have been taken and about half (50%)the people surveyed had no view on this (Fig.7).

c) Initiative of the non government agencies

Almost 17.4% of the people interviewed opinedpositively towards the initiatives taken by the non-government agencies including private forest ownersand planters, individual initiatives of the Nokmas andsome people working for wildlife & forestconservation. This view was uniformly echoed byMDC (18.2%), Gaon buras (25%) and households(9.05%). However, a large majority (44.6%) feltagainst and about 38% had no view on this aspect(Fig.8).

Change in forest cover

Almost 87.7% of the people interviewed echoed theopinion that there had been a reduction of forestcover in Garo hills. However, about 3.23% of thepeople interviewed thought that the cover hadincreased (Fig.9).

Fig. 5 People’s perception of intiatives taken byvarious agencies for conservation of forest.

Fig. 6 Forest department initiatives for conservation offorest

Fig. 7 People’s perception on initiative of DistrictCouncil for forest conservation.


Status of the forest cover

Both in terms of quality and extent, the forest in GaroHills has deteriorated over the years. This is alsoreflected in the forest cover surveys conducted byForest Survey of India. Almost all MDC members,31.03% of Gaon buras and 27.06% of the householdsbelieved that the forests had degraded over the years.In fact, 46.55% of Gaon buras and 52.7% of thehouseholds believed that forest had become muchdegraded. Only 13.8% of the Gaon burasand 11.47% ofthe households believed that the forest cover was good(Fig 10). This clearly reflects that majority of the peoplebelieve that forest has degraded over the years.

Cause of forest destruction

One of the major causes of destruction of forestresources has been the over extraction of resources bypeople (84.5%). However, 10.1% of the people saidthat both over exploitation by people anddevelopmental activities had contributed to thedecline and degradation of forests in Garo hills.

Looking across the sample, almost 80% of the Gaonburas, 63.6% of the MDC and 86.5% of the people athouse level suggested that over extraction ofresources by people was the main cause of forestdestruction. Developmental activities like roads,houses and mining had also contributed to forestdestruction as opined by 36.4% of MDC members and3.6% of people at household level. Another 20% ofGaon buras and 9.4% of the people at the householdlevel felt that both over extraction of resources anddevelopmental activities had contributed todestruction of forest (Fig 11).

Cause of reduction of fauna

A wide variety of faunal resources are hunted by thelocal people. These include mainly wild boar, deer,monkeys, bear, etc. About 55% of the people interviewedimplicated hunting as the main cause of reduction offauna in Garo Hills apart from degradation of habitat.

Fig. 8 People’s perception on initiative for conservationby non-government agencies

Fig. 9 Perception about change of forest cover of thepeople interviewed

Fig. 10 Perception of the people towards contition ofthe forest

SE = Self over extraction offorest resource

GE = Govt over extraction offorest resource

DA= Developmental activities

Fig.11 Perception of the people towards cause offorest destruction


Laws for legal protection of forest andwildlife

a) Implementation of law

Most people (85.7%) interviewed said that customarylaws were being used to manage the forests. Only 6.5%felt that central laws were used while the rest (7.72%) feltthat both central and customary laws were being usedfor forest management. Over 81% of the MDC felt thatcustomary laws were the major law that was being usedto manage forests and the rest 18.2% felt that both centraland customary laws were used to manage the forests.However, 7.14% of the Gaon buras felt that central lawswere used in the local forest management but themajority (82.1%) said that customary laws were beingused to manage forest. Majority of the household level(86.5%) had a similar view in favour of customary law(Fig. 12).

b) Response on ban of tree feeling by SupremeCourt

Almost 76.4% of the people interviewed were awareof the ban on tree felling but a large proportion wasunaware of the agency responsible for the ban,especially the people at household level. About 62.1%of the Gaon buras, 100% MDC and 67.2% of the peopleat household level were aware of the ban (Fig. 13).

c) Impact of tree feeling ban by Supreme Court

i) Impact on forest

The impact of ban on tree feeling on forest has beenreally encouraging as opined by majority (72.7%) of thepeople surveyed. A small proportion (1.8%) still felt thatthe ban had negatively affected the health of the forest.About 25.5% are unaware of the impact (Fig. 14).

Almost 85.7% of the Gaon buras, 63.6% of MDC and71.55% of the people at household level indicated thatthe ban had improved the forest cover and overallhealth of the forest. However, 9.09% of the MDC and1.7% of the people at the household level were not infavour of the above view and opine that it hadnegatively affected the forest.

ii) Impact on livelihood

The overall response (50.2%) of the ban imposed ontree felling on the local livelihoods has been quitepositive and according to the respondents had notaffected their livelihood significantly. Althoughearning from timber had reduced but the ban hadresulted in better environment, fuel wood availabilityand other forest resources for the people and betterprotection of water catchments. However, 22.1% ofthe people felt that it had affected their livelihood andhad made many unemployed. The remaining 27.7% ofthe respondents were unaware of its impact (Fig. 15).

Almost 81.8% of the MDC members, 49.6% ofpeople at house hold and 42.9% Gaon buras felt thatthe ban had not affected their livelihoods. Othershowever felt that it had (24.1% people at householdlevel and 14.3% at the Gaon bura level).

d) Justification of the ban

Almost 92.5% of the people opined that the ban was

Fig.12 Perception of the people towards laws used formanaging forest

Fig. 13 People's knowledge about ban on tree feeling

Fig.14 People opinion on the effect on tree felling banon forest


justified and had resulted in betterment of the forestcover. This is also justified by the fact that morethan 50% of the people interviewed felt that the banhad not affected the livelihood of the people asmentioned above. However, 7.5% of the peoplehave a contradictory view. Almost 94.8%household, all MDC members and 82.8% of theGaon buras also justified as correct the ban on treefelling (Fig 16).

Need to regulate hunting

As mentioned earlier, about 55% of the people felt thathunting was the major cause of decline of faunalresources. However, only about 37% people thoughtthat there should be some regulation on hunting whileover 60% of the people were not in favour of anyregulation.

Regarding enforcement, majority of the people(74.5%) were aware of the central laws that prohibithunting and also that this was a criminal offence.However, 23.8% of the people said that there werecustomary laws that prohibited hunting.

3.10. Resource sustainability

Majority (67.3%) of the people were pessimistic aboutthe future of the forests and felt that at the present rateof extraction, the forests would not last more than 10years. About 21.6% felt that it would last for another50 yrs and only 9.6% felt that the resource was infiniteand can be harvested as much as possible (Fig. 17).

The perception on forest resource lasting showedsimilar trend across the sample. Thus majority ofpeople are of the opinion that urgent managementmeasures need to be undertaken to stop completedepletion of forest resource.

Conclusion

The long-term sustenance of forest area depends onhow well planned conservation measures are andthe success of such conservation measure dependsupon how aware the people are to laws andpolicies. In Garo hills, a major proportion of forestsare under private or clan ownership and a verysmall part under government control. The GaroHills Autonomous District Council manages themajority of forest area and is responsible for its useand up keep. This understanding is more or lessclear among the people, however, the extent varies.Majority of people felt however, that not much isbeing done to effectively manage the forestresources either by the state government or by theDistrict Council which is a cause of concern. Onereason for this could be the fact that since forestdepartment owns less than 7% of the forest area, itsinitiatives and presence is localized and so are theimpacts. District Council, with a very smallworkforce has not been able to take up initiativesthat are urgently required. On the other hand someprivate individuals and non-government agencies

Fig. 16 People opinion on justification of ban on

tree felling

Fig. 17 People opinion on resource lasting at currentrate of extraction

Fig. 15 People opinion on the effect on tree felling banon livelihood


have done good work for forest conservation but inlocalized areas.

The survey was remarkable in bringing out afew important perceptions which would have abearing on the over all conservation scenario of theregion. The overall opinion is that the forest coverhas reduced over the years and also felt that overextraction of resource by people as the main causeof forest destruction. Hunting was also felt as acause of decline of faunal resources. Thisrealization needs to be channalised for forestconservation involving the locals by making themaware of the adverse impacts of such loss and atthe same time reducing their dependency on forestfor energy needs and sustenance. This can befacilitated by providing them alternate source ofenergy like solar energy, LPG and bio gas. Thelevel of education also needs to be improved asilliteracy has resulted in lesser job opportunities forlocals and making them more dependent on forestfor sustenance.

People support the tree felling ban probablybecause it secures the forests for their use as at a local

level, they continue to subsist on it. Most people opinethat customary laws are the most appropriate law tomanage the forest indicating greater confidence intheir traditional systems and probably less confidentof centralized laws.

But the most remarkable finding of the study hasbeen the cordial relation and faith of the people onboth the state forest department and District councilwhich can actually be translated into meaningfulconservation initiatives. However, lack of a properland-use and scientifically based environmentalmanagement plan has resulted in rampant miningand developmental activities which needs to beseriously considered by the local administration.People should also be made aware of the negativeimpacts of the loss of forest and relate this to thecurrent water crisis in Garo hills. Since most of theforest is under the control of community and privatepeople and their livelihood directly or indirectlydependent on the forest, a conservation approachinvolving the local people and better employmentopportunity are the most viable approach to theconservation of the forest.

Arora, R.K. (1980). Nature food plants of Northeasterntribals. In : Jain, S.K. (ed) Glimpses of IndianEthnobotany. Oxford and IBH publication, NewDelhi, Pp 91-136.

Borang, A. (1996). Studies of certain ethno zoologicalaspects of Adi tribes of Siang District, A.P.,India. Arunachal Forest News, 19 (1-2) : 43-82.

Haridasan, K., Bhuyan, L.R. and Deori, M.L. (1990).Wild edible plants of Arunachal Pradesh.Arunachal Forest News, 8 (1-2): 1-8.

Kumar, A. and Solanki, G.S. (2004). Ethno-sociologicalimpact on Capped langur (Trachypithecuspileatus) and suggestions for conservation: Acase study of Reserved Forest in Assam, India. J.Nat. Con., 16 (1) : 107-113.

Mahapatra, A. and Mitchell, C.P. (1997). Sustainable

development of non-timber forest products:implication for forest management in India. ForestEcology and Management, 94(1-3):15-29

Pimental D., J. Houser, E. Preiss, O. White, H. Fang,L.Mesnick, T. Barsky, S. Tariche, J. Schreck and S.Alpert (1997). Water resources: agriculture, theenvironment, and society

Solanki, G.S. (2002). Socio cultural and funal diversityof Arunachal Pradesh. Himalayan J. Env. AndZoo.,, 16 (2): 159-170.

Solanki, G.S. and Chutia, P. (2004). Ethno Zoologicaland Socio-cultural aspects of Monpas ofArunachal Pradesh. J. Human Ecol., 15 (4) :

251-254.

Census of India, 2001. Povisional Population Totals,District Totals, Series-1, India.

References

CHAPTER VIII

The northeastern region of India supports about35% (about 26,500 elephants) of India’s totalelephant population and also provides shelter

to about 55% of the roughly 3500 captive elephants ofthe country. More than 50% of the estimated 9200 wildelephants of northeastern India are harboured byAssam followed by Meghalaya (1860) and ArunachalPradesh (1600). The remaining elephants are found inthe states of Mizoram, Nagaland, Tripura, Manipurand northern West Bengal.

In Meghalaya, elephants are mainly distributed inGaro and Khasi Hills and include the district of Rhi-Bhoi, West Khasi Hills, East Garo Hills, West GaroHills and South Garo Hills of Meghalaya. A small,isolated population also occurs along the southernend of Jaintia Hills (adjacent to Cachar hills of Assam)(Choudhury, 1999; Gurung & Lahiri-Choudhury, 2001;Marak, 2002; Talukdar, 2005; Tiwari et al., 2005;Williams & Johnsingh, 1996). Majority of the habitat ishilly and the forest type is mostly tropical moistdeciduous and tropical semi evergreen. Tropical wetevergreen forest occurs along the narrow river valleys.

The state has about 9500 km2 of potential elephanthabitat and harbours about 1860 elephants(Meghalaya elephant census, 2002; Marak, 2002).About 10% of the elephant habitat is under the controlof state forest department and the remaining is underthe control of clan, community and private people.Majority of the elephants in Meghalaya (1,047) areconcentrated in the Garo Hills.

For the conservation of elephants in the Garo Hills,the forests of almost the whole of South Garo Hillsdistrict and southern part of East and West Garo Hills

have been constituted into Garo Hills Elephant Reservespread over 3500 km2 including Balphakram NationalPark, Siju Wildlife Sanctuary, Baghmara Reserve Forest(RF), Reawak and Emangre RF, Angratoli RF, NokrekNational Park and Rongrengre RF interspersed withbuffer areas of mostly secondary forests of Akhinglands. It is estimated that the male— female ratio ofelephants in Meghalaya is approximately about 1:1.9.

Meghalaya is predominantly an agrarian economywith agriculture as the main occupation of itspopulation. Agriculture in Meghalaya is mainly jhumbased (slash and burn cultivation) and withdecreasing jhumming cycle of three to five years(http://www.megsoil.gov.in/shifting_cul.htm).More and more areas are continuously being clearedoff for jhumming(Fig.1). About 51428 families practice

Sandeep Kumar Tiwari, Vivek Menon, Sunil Kyarong and Rahul Kaul

Conservation of Asian elephant (Elephas maximus) in Meghalayawith special reference to corridors

Fig. 1 Forest cleared for jhumming


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jhum in Garo Hills and annual area under jhum isapproximately about 340.5 km2 (Soil & WaterConservation Department, Government ofMeghalaya, 2000; http://www.megsoil.gov.in/shifting_cul.htm). Large natural forests have also beencleared off for commercial plantations like cashew,oranges, arecanut and rubber. The state also has richdeposits of minerals including coals, limestones,silimantite, etc. However, in absence of a detailedland-use and environmental management plan forsustainable mining and scientific mining, large scalemining of coal and limestone, especially in South andEast Garo hills has fragmented and degraded theelephant habitat threatening the elephant population.

Coal and limestone mining in Darengiri area hasalready caused fragmentation of the habitat andhindered the movement of elephants betweenAngratoli RF and Imangiri RF. A big limestonemining operation for a cement plant was plannednear Siju WLS which could have threatened themovement of elephants between Balpakram NationalPark and Nokrek National Park. This was stoppedthrough a PIL filed in Supreme Court of India.However, there are other artifacts threatening thiscorridor. Human settlements, New NEHU campus,fishery pond, 2nd police battalion camp, heavy trafficon Guwahati-Tura road and agricultural activities, allhave threatened the elephant movement betweenWest Garo Hills and Nokrek National Park (Fig. 3).

Human-elephant conflict in Garo Hills

There has been a gradual decline in the forests ofMeghalaya from 73.4% in 1987 to 69.5% in 2001. Morethan 340 sq km is annually jhummed and more area iscleared every year (Fig. 4). This coupled with increase

in human population and unplanned mining for coaland limestone has degraded and fragmented theelephant habitat and created a mosaic of secondary(bamboo and degraded scrub) forests interspersedwith cultivation and primary forests. Since jhumsettlements are interspersed with forest areas,elephants encounter and raid crop with regularity.This results in large scale crop depredation andsometimes loss of human life and property when cropprotection against elephant is attempted. Asretaliatory actions, many elephants are also killed byelectrocution and other means by the aggrievedpublic.

Human-elephant conflict is a major problem inGaro Hills (Gurung & Lahiri-Choudhury, 2001;Marak, 2002; Marcot et al, 2002; Talukdar, 2005;Tiwari et al, 2005; Williams & Johnsingh, 1996).Between 2000-2001 and 2005-06, approximately 4136cases of crop depredation were reported in Garo Hills.However many more go unreported so the number ofcases might be actually much higher (Fig 5). Of thecrop depredation reported in Garo Hills, most of thesehave been reported from West Garo Hills where therate of land use conversion to such forms that isincompatible for long-term survival of elephants hasincreased over the years (Bera et al., 2006).

Fig. 5 Elephant depredation cases reported in Garo Hills

Fig. 3 Coal mining in south Garo Hills

Fig. 4 Forest cleared for jhumming


The conflict has also resulted in injury and death ofpeople in of the Garo Hills every year. Between 2000-2001 and 2005-2006, 22 people have lost their life and39 injured due to elephants at an average of 3.67 and6.5 of human death and injury every year respectively.The conflict scenario is worst in West Garo hills where11 people lost their life and a minimum of 25 wereinjured during the above period (Fig. 6). As retaliatoryactions, many elephants are being killed byelectrocution and other means by the aggrievedpublic. Between 2001 and 2007, about 36 elephantshave lost their lives in Garo hills of which almost 61%died due to electrocution. About 58.3% of the reportedelephant mortality is from West Garo hills. Most(77.3%) of the electrocution deaths are reported from

West Garo Hills which also has an equally highhuman casualty and crop depredation rate (Fig. 7).This indicates an alarming situation of human-elephant conflict in the region that needs to beurgently tackled. Failure of this could result inincreased conflict and reduced tolerance towardselephant its conservation.

To minimize human-elephant conflict forensuring long term conservation of elephants inGaro Hills, it is important to link different patches ofhabitats. A proposed method for moderating thenegative effects of habitat isolation is thepreservation and restoration of linear landscape(corridors that structurally link otherwise isolatedhabitats) (Saunders and Hobbs, 1991). Thesecorridors are meant to increase landscapeconnectivity by facilitating movement of organismsbetween habitat fragments and thus minimize the

risk of inbreeding and extinction, increase local andregional population persistence and facilitatecolonization (Doak and Mills, 1994, Fahrig andMerriam, 1994; Sjorgen, 1991; Simberloff, 1988).

Wildlife Trust of India took the initiative ofidentifying and verifying the elephant corridors of thecountry in 2001 with support of wildlife and forestdepartments of the concerned states. In Meghalaya,together with wildlife and forest department officialsand researchers, WTI initiated an exercise ofgroundtruthing the elephant corridors in 2002 and aninitial list of corridors and their status was prepared.In Guwahati, a discussion meeting of people withknowledge on elephant habitats was organized on 1stand 2nd August, 2003 and a final list prepared afterincorporating the suggestions and commentsadvocated by the people present.

Six corridors were identified in the state of whichfive are present in Garo Hills and one in Jaintia hills.The corridors identified are as follows:

1. Ranggira - Nokrek2. Nokrek - Imangiri3. Rewak - Imangiri4. Siju - Rewak5. Baghmara - Balpakram6. Saipung - Narpuh

Fig. 6 Human casualty due to elephants in Garo Hills

Fig. 7 Elephant mortality due to various reasons inGaro Hills


RANGGIRA- NOKREK

Ecological Priority: Medium Conservation feasibility: Low

Elephants from Ranggira, Sanchangiri and Galwang village Reserve Forest area use this corridor to move onto Nokrek National Park area via Bismagre, Bibragre, Sakalgre and Mandalgre private forest. Human settlements,North Eastern Hill University (NEHU) campus, fishery pond, 2nd police Battalion campus and other artifactsalong the Tura-Rongram road obstruct their movement.

Forest Division :Garo Hills

Connectivity :Elephant population of West Garo Hills with Nokrek National Park thus leading to South Garo Hills

Geographical coordinates :

Latitude 25º31'-25º34' N

Longitude 90º12'-90º17' E

Length: 7-8 km Width: 1.5-2 km

Forest type/ Vegetation:Tropical moist deciduous forests

Nearest PA:Nokrek National Park

Legal status of the corridor:Clan land (Akhing land)

Major land-use:Forest, plantation, settlement, agriculture and NEHU campus

Major habitation/settlements in corridor: Chasingre, Phagugre, Chibragre, Ganol Sangma, 2nd policeBattalion campus and Boldorenggre

Corridor dependent villages:Chasingre, Phagugre, Chibragre, Ganol Sangma and Boldorenggre.

Human artefacts on the corridor:NEHU campus, 2nd police Battalion campus, fishery pond and road (Tura-Guwahati)

Frequency of usage of the corridor by elephants: Regular and seasonal; used mostly in October-February

Threats to the corridor:

1. Expansion of human settlement and Jhum cultivation.

2. NEHU campus, especially fencing of the land

3. 2nd police Battalion campus

Conservation plan:

1. Declaration, demarcation and legal protection of the corridor under various laws appropriate for the state

2. Negotiation with NEHU authorities to spare the main corridor area for elephant movement.

3. Prevention of new settlements in the corridor area

4. Exploring the possibility of establishing a Community Reserve


Fig. 8 Map of Ranggira- Nokrek elephant corridor


NOKREK - IMANGIRI

Ecological Priority: Medium Conservation feasibility: Low

The corridor connects a large stretch of forest in and around Imangiri Reserve Forest with Nokrek NationalPark and adjacent areas. Due to inaccessibility of the corridor area by road and comparatively low human densityin the area, the corridor is safe. However, coal and limestone mining are threats to the area.

Forest Division :Garo Hills

Connectivity :Imangiri Reserve Forest and Nokrek National Park


Latitude 25º20'–25º25' N

Longitude 90º30'–90º35' E

Length: 10 km Width :3–4 km

Forest type/Vegetation:Tropical evergreen forest along the southern boundary of Nokrek National Park andmoist deciduous with patches of degraded secondary forest in and around Imangiri Reserve Forest

Nearest PA:Nokrek National Park

Legal status of the corridor:Private land (Akhing land)

Major land-use: Forest, settlement and jhum cultivation

Major habitation/settlements in corridor: Dadugre, Rekmangre, Nepali khunti, Pharamgre, Dobagre andIman Asakgre

Corridor dependent villages: Dadugre, Rekmangre, Nepali khunti, Pharamgre, Dobagre, Iman Asakgre,Arukgre, Jetragre and Iman Durabanda

Human artefacts on the corridor:Road (Kharukhol-Chokpot)

Frequency of usage of the corridor by elephants: Regular


1. Present small scale coal mining and associated temporary roads opening up in the habitat is a threat

2. Limestone mining

3. Mining road (Kharukhol-Chokpot)

Conservation plan:


2. Checking destructive developmental activities in the area

3. Prevention of large scale coal and limestone mining



Fig. 9 Map of Nokrek - Imangiri elephant corridor


REWAK - IMANGIRI

Ecological Priority: Medium Conservation feasibility: Medium

The corridor connects Rewak Reserve Forest with Imangiri Reserve Forest and passes through Akhing (clan)lands and settlements. There is no immediate threat to the corridor except human settlement and jhumming.

Forest Division : Garo Hills

Connectivity : Imangiri Reserve Forest with Rewak Reserve Forest


Latitude 25º 18'–25º22' N

Longitude 90º 35'–90º39' E

Length: 8–9 km Width: 2.5 km

Forest type/ Vegetation:Tropical evergreen forest

Nearest PA:Siju Wildlife Sanctuary

Legal status of the corridor:Clan land (Jadigittim Akhing land)

Major land-use:Forest, settlement and jhum cultivation

Major habitation/settlements in corridor: Tholigre, Nakatagre, Jadigittim, Depri Khosigre, Garengre andDamukgittum.

Corridor dependent villages:Tholigre, Nakatagre, Jadigittim, Depri Khosigre, Garengre and Damukgittum.

Human artefacts on the corridor: Nil

Frequency of usage of the corridor by elephants: Regular; used by bulls and herds


1. Expansion of settlements and jhum cultivation

Conservation plan:

1. Declaration, demarcation and legal protection of the corridor under various laws appropriate

for the state

2. Preventing the expansion of settlements towards the corridor



Fig. 10 Map of Imangiri -Rewak elephant corridor


SIJU-REWAK

Ecological Priority: Medium Conservation feasibility: High

This narrow corridor connecting Siju Wildlife Sanctuary with Rewak Reserve Forest is a very importantpassage for elephants and helps in maintaining habitat continuity between Balpakram-Siju-Rewak and NokrekNational park. Elephants cross the Simsang River through the sandy stretches in the corridor area. Elsewhere, theriver is bound by steep limestone cliffs and large boulder formations along both the banks

Forest Division :Balpakram National Park

Connectivity : Siju Wildlife Sanctuary with Rewak Reserve Forest




Length: 2 km Width: 3.5 km

Forest type/ Vegetation: Tropical evergreen forest with plantation and jhum land

Nearest PA: Siju Wildlife Sanctuary

Legal status of the corridor: Clan land (Akhing land)

Major land-use: Forest and settlement

Major habitation/settlements in corridor: Aretika village with about 23 families and 125 people

Corridor dependent villages: Aretika, Siju and Rewak

Human artefacts on the corridor: Baghmara-Siju-William Nagar road

Frequency of usage of the corridor by elephants : Regular; used by bulls and herds of 10–30


1. Slash and burn (Jhum) cultivation

2. Aretika village in the corridor area and their biotic pressure

3. Monoculture plantation of arecanut

Conservation plan:


2. Prohibiting destructive developmental activities in and around the Siju Wildlife Sanctuary.

3. WTI is currently running a project seeking alternatives for reducing the dependence of Aretika village

on the forests.

4. Improving forest cover in and around corridor



Fig. 11 Map of Siju -Rewak elephant corridor


BEGHMARA-BALPHAKRAM

Ecological Priority: High Conservation feasibility: Medium

This corridor connecting Balpakram National Park with Baghmara Reserve Forest is vital in maintaininghabitat contiguity of about 600 km2 of elephant habitat. Elephants, during their movement, generally passthrough Dambuk, Jhongkhol, Dambuk Atong and Hathibhel villages. Presently, the corridor is safe but due torich deposits of coal in this area, the corridor could be affected in future.

Forest Division :Balpakram National Park

Connectivity : Balpakram National Park with Baghmara Reserve Forest




Length: 6 km Width: 4.5 km

Forest type/ Vegetation: Tropical evergreen forest with plantation

Nearest PA: Balpakram National Park

Legal status of the corridor: Clan land (Aking land)

Major land-use: Forest, plantation and agriculture (jhum)

Major habitation/settlements in corridor:Halwa Atong (80 houses; one school), Dambuk Jongkhol (6 houses),Dambuk Atong (19 houses), Chitmang Gonggrot (60 houses) and Hatibhel (Agachikona) (21 houses, 1 school)

Corridor dependent villages: Halwa Atong, Dambuk Jongkhol, Dambuk Atong, Chitmang Gonggrot andHatibhel (Agachikona)

Human artefacts on the corridor: Road {Baghmara to Rongru Asim village (western side) and the road fromRongara town on the eastern side}

Frequency of usage of the corridor by elephants: Regular; used by bulls and herds

Threats to the corridor:1. Slash and burn (jhum) cultivation

2. The possible mining of a rich deposit of coal

3. Expansion of villages in the corridor forest

4. Destruction of natural forest for plantation, more rapidly in recent years

Conservation plan:1. Declaration, demarcation and legal protection of the corridor under various laws appropriate for the state

2. Preventing the villagers from further forest destruction for monoculture plantation

3. Prohibiting the destructive developmental activities in the area

4. Prevention of potential mining of the area for coal



Fig. 12 Map of Siju -Balpakram elephant corridor


SAIPUNG - NARPUH

Ecological Priority: Low Conservation priority : Medium

The corridor connects Saipung Reserve Forest with Narpuh II Reserve Forest and is bordering North CacharHills of Assam. Lynju and Sumleng rivers drains the corridor area. This habitat supports very few elephants. Theland is owned by two village Chiefs (Dolloi) viz., Saipung elaka and Sutnga elaka. At present the land is leasedto Biate tribe, a sub-tribe from Mizoram.

Forest Division : Jaintia Hills

Connectivity : Saipung Reserve Forest with Narpuh II Reserve Forest




Length: 10–11 km Width: 5 km

Forest type/Vegetation: Tropical evergreen and moist deciduous with jhum patches

Nearest PA: Barail Wildlife Sanctuary

Legal status of the corridor: Private forest.

Major land-use: Agriculture (jhum) and settlements

Major habitation/settlements in corridor: Khoingoi, Mulchang, Saitwal and Bombaithal with total of 40bamboo houses and a human population of 250

Corridor dependent villages: Khoingoi, Mulchang, Saitwal and Bombaithal

Human artefacts on the corridor: Nil

Frequency of usage of the corridor by elephants: Occasional. About five to nine elephants use this corridor(A total of 11 elephants were counted in this corridor during the State Forest Department census of 2002)


1. Expansion of villages. There are about 40 houses with about 250 people

which is not a major threat at present but can lead to one if not checked.

Conservation plan :


2. Seeking alternatives for the four villages (Khoingoi, Mulchang, Saitwal and Bombaithal)


Remarks: The Wildlife Division of Meghalaya has already proposed to acquire the corridor land whichcan serve as an elephant corridor by notifying Saipung Reserve Forest, Narpuh Reserve Forest and thecorridor area into a sanctuary.


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Securing the Siju – Rewak elephantcorridor

One of the crucial bottlenecks for the elephant in theGaro Hills Elephant Reserve is the narrow passageacross the river Simsang that connects Siju WildlifeSanctuary on the east bank of the river to RewakReserve Forest situated on the west bank (Williams &Johnsingh, 1996; Gurung and Lahiri-Choudhury,2000; Tiwari et al; 2005).

The corridor is about 3.5 km long and two kmwide. Elephants can cross the Simsang river onlyat three or four places where there are sandystretches along the river; elsewhere the river isbounded by steep limestone cliffs and largeboulder formations along both the banks (Williams& Johnsingh, 1996). Only a part of the corridorforest is controlled by the forest department; therest is under control of community. This corridoris an important passage for elephants from southGaro hills elephant range (Balpakram NP and SijuWLS) to Rewak Reserve Forest and then ImangiriReserve Forest & Angratoli RF- Nokrek NationalPark ranges. In between the reserve forest arecommunity forests and private lands (refer to factsheet given above).

The major impediment in this corridor is theArthika village (with 25 families) that lies in thecorridor area across the eastern side of Simsang riverand southern end of Siju WLS. With over 150individuals and increasing demand of land foragriculture, plantation and settlement, a large forestarea has been cleared off hindering the movement ofelephants and other animals. Currently the elephantmainly moves from Siju WLS through Rongjak forestand crosses the Arthika village on its southern side(partly through Siju and partly Rewak Aking) before

crossing the Simsang river and entering the RewakReserve Forest.

A cement plant was planned near the corridor areaway back in 1996 covering 14 km2 area with annualoutput of 573000 tonnes. This was stayed by the Hon.Supreme Court of India based on a PIL (PublicInterest litigation).

Realizing the importance of this corridor andpotential threats to the corridor, Wildlife Trust ofIndia initiated a project in 2003 with an aim to securethe corridor by working with the local community.The approach included:

Protecting the Rongjak forest under thecontrol of communityAcquiring land in the bottleneck (betweenArithika village and Simsang river) tocompletely secure the corridorWorking with the community to reduce theirdependency on forestsMonitoring the corridor for usage byelephants and other animals

Protecting the Rongjak forest under thecontrol of community

The connectivity between Siju Wildlife Sanctuary andthe corridor land near Arthika village is maintainedthrough Rongjak forest area (Fig-8) Rongjak forest hasmixed vegetation with dense undergrowth and servesas ideal passage for elephants. For the long-termconservation of this corridor, it was essential thatsome legal protection is provided to Rongjak. Withthis objective, discussion was initiated with the peopleof Arithika village and the Siju Nokma (Aking head)along with officials of state forest department. Thevillagers agreed in principle to protect the Rongjakforest to facilitate movement of animals but wereinitially quite reluctant to bring it under legalprotection as they felt that it could curtail their righton the forest for future use. Various rounds ofdiscussions were held with the villagers and Nokmawhich were also facilitated by the local member ofDistrict Council (MDC). A formal request was alsoput before the chairman and other members of theGaro Hills Autonomous District Council (GHADC) ina workshop organized on June 30, 2006 where themembers agreed to help WTI in protecting theelephant corridor and conservation of elephants inGaro Hills. Concomitantly, the Wildlife Trust of Indiaalso worked with the villagers from Arithika toreduce their dependency on forests creatingawareness about the importance of this corridor andits role in reducing human-elephant conflict in the

A view of the corridor forest


area. The Nokma and local community finally agreedto our proposal of legally protecting the Rongjakforest. After completing all formalities, the GHADCformally notified the Rongjak forest as Siju-AretikaVillage Reserve Forest vide letter CF.332/Vill-PF/87/1042-46 dated September 03, 2007 (Annexure-VIII). The total area registered as Reserve is approx.200 hectares. The Village Reserve Committee formedfor the management of the Village Reserve along withWildlife Department and Wildlife Trust of India hasalso adopted a strong resolution to protect thiscorridor for long-term conservation of elephants inthe Garo Hills. Acquiring the land in the bottleneck(between Arithika village and Simsang river) willcompletely secure the corridor

The land south of Arithika village betweenRongjak forest and Simsang river has land occupiedby four families. This is the land through whichelephants pass after moving from Siju WLS andRongjak forest to Rewak Reserve forest. Of these,three areas originally belong to the Nokma (VillageHead) but under the occupancy of three families ofAretika village and the forth land legally (patta land)belongs to a local person.

Wildlife Trust of India is in consultation with thesepeople and many of them have agreed to vacate theland provided they area appropriately compensated.However, the elephants can still move further southof Aritika through the degraded forest patch and allefforts are being made to secure this patch of forestpartly belonging to Siju Nokma and partially Rewak

Nokma. WTI is also in consultation with andnegotiating for land.

Working with the community to reducetheir dependency on forest

The sustenance of people of Aretika is mostly forestbased. Fishery also forms an important source oflivelihood. More than 50% of the population isilliterate. Only 1.5% of the population have studied tillclass IX and 33% (above 5 yrs) has primary education.Almost 80% of the working people are involved inagriculture and horticultural activities. Of theremaining population, 15% work as mining labourersand 5% in other industries. With increased mining inthe region, the quality of water in Simsang river hasalso deteriorated and fish catch has reduced.

For successful implementation of any conservationaction and its long-term sustainability, it is veryimportant that a holistic approach aimed at wildlifeconservation as well as improving the livingconditions of local people and reducing theirdependency on forest is initiated. To strengthen thebond and assist the villagers of Arithika towardsbetter life, WTI initiated the following measures thatnot only inspired them towards wildlife conservationbut also helped them in improving their lifestyle.

a) Medical camp

Lack of medical facilities is a major problem in the area

Fig. 14 Consultative meeting with Siju Nokma, villagers of Aritika, forest officials and WTI representatives

where many people suffer from cerebral malaria(caused by Plasmodium falciparum), polio, tuberculosis(few cases) and few other diseases/ disorders. There isa Health Care Centre in Siju village which is aboutseven 7 km from the village and on other side ofSimsang river with very basic medical facilities. Duringmonsoon it becomes practically impossible to reach thehealth centre and this is also the time when cases ofmalaria are on rise. The villagers are also not fully awareof the latest family planning methods. Being amatriarchal society, proper guidance and assistance tothe women folks would contribute in checking thepopulation and reducing the expanding humanpressure on the corridor and nearby forest. Thus, toimprove the overall health of the people, two healthcamps were organized in June 2006 and June 2007where doctors from Tura volunteered their services.The overall health profile of about 70 people examined

during the camp indicated that most people wereinfected with malaria. Other ailments affecting thepopulation include hookworm infection, gastritis,peptic ulcer and dermatitis (Fig. 17).

Many of the villagers were given medication forminor ailments and those with chronic problem wereadvised future course of treatment. The health camphas really helped in reinforcing the faith of thevillagers in WTI’s concern for the community whileconserving the elephant corridor.

b) Repair of school building and teaching aids

Proper educational infrastructure is also lacking in thevillage. There is a two room school and that too in adilapidated condition. WTI believes that educationand general awareness of the people can onlycontribute to long-term conservation of forest andwildlife. As such financial assistance was providedand the school building was repaired and teaching aidprovided.

c) Livelihood support to reduce thedependency of local community on forest

Various options were discussed with the villagers tosupport their livelihood and reduce dependency on forest.While exploring these options, it was very pertinent thatthe skill of the people is kept into consideration and so astheir liking. Most of the people are in favour of piggeryand WTI has planned to provide them with piglets, styand feed. Other options are also being explored.


Fig. 15 Villagers signing resolution to protect thecorridor forest

Fig. 17: Health profile of the people in Arthika village

Fig. 16 Medical camp organised for Aritika Villagers


Monitoring the corridor for usage by elephantsand other animals

Siju Wildlife Sanctuary with an area of 5.18 km2

characterized by dense semi-evergreen forests is hometo a large variety of animals. Along with BalphakramNational Park (which is contiguous with Siju WLS), thearea supports the highest concentration of elephants inthe state (Gurung & Lahiri Choudhury, 2000). Elephantsand tiger are the flagship species of the sanctuary. Othersinclude the hoolock gibbon, capped langur and cloudedleopard (state animal). The sanctuary supports 37species of mammals, 116 species of birds and about 18species of reptiles (Annexure IX; list of mammals).

The corridor was monitored from March 2005 toFebruary 2007 to see how this was being used byanimals. This is crucial to assess the importance of thecorridor specially taking into consideration the high costinvolved for its securing. Data was collected on a pre-designed format based on direct and indirect sighting.

It was seen that a large number of animals wereusing the corridor. Major among the mammalianspecies includes elephants, wild boar, deer, cappedlangur, porcupines and even tigers. As seen in Fig.19,almost 75% of the corridor usage by the largermammal is by elephants followed by wild boar (8.9%).Tigers were also seen using the corridor (1.94%).Seasonal variation in usage of corridor by elephants andother animals was also analyzed. The elephants use thecorridor almost regularly throughout the year (Fig 20)with slightly more usage during late winters and earlysummer. During monsoon the Simsang river is floodedand elephants could hardly cross it. Hence, they are

confined to Siju WLS and Balpakram NP. Also with onsetof monsoon, the availability of grasses and bamboosincreases throughout the Siju - Balphakram forest areaand thus most of the elephants stay in these areas andonly disperse during late winter and summer when theresources are either over utilized or with ripening of thewet paddy in November-December (Anon, 2006) in

nearby jhum lands. In summers, the water level is lowand elephants easily cross Simsang river and move eitherways.

The corridor is being used by both solitary males andherds and the herd size varied from three to nineelephants.

There is no doubt that the corridor is being used by alarge number of animal species and serves as an importantconduit between the two populations on either side ofSimsang river. This also justifies the intervention WildlifeTrust of India has initiated in this corridor for its securing.

Working with Meghalaya forest department andGaro Hills Autonomous District Council, WildlifeTrust of India will also make efforts to secure theother corridors in the area that will help minimizeconflict and strengthen the long-term conservation ofelephants in the state.

Fig. 18 Piglets distributed among Aritika villagers toreduce dependency on forest

Fig 19 Animal usage of the Siju-Aritika corridor indifferent season (March 2005 - February 2007)

Fig 20 Elephant usage of the corridor across themonths from March 2005 - February 2007


ReferencesAnon (2006): Annual report of the wildlife team

Meghalaya field office Samrakshan Trust2006-07

Bera S.K., Basumatary S.K., AgarwalA. and Ahmed,M (2006). Conversion of forest land in GaroHills, Meghalaya for construction of roads: athreat to the environment and biodiversity.Current Science, 91(3): 281-284.

Choudhury, A. (1999). Status and conservation of theAsian elephant Elephas maximus in north-eastern India. Mammal Review 29(3): 141-173.

Doak, D. F. and Mills. L.S. (1994). A useful role fortheory in conservation. Ecology 75: 615-626

Fahrig, L. and Merriam, G. (1994). Conservation ofFragmented Populations. Conserv. Biol. 8: 50- 59.

Gurung, S. and Lahiri Choudhury, D.K. (2000). ProjectElephant-human conflict in Asia state reporton Meghalaya, India. Part-I. Asian ElephantResearch and Conservation Centre

Gurung, S. and Lahiri Choudhury, D.K. (2001).Project: Elephant-human conflict in Asiastate report on Meghalaya, India,.Community development-block reports.Part-II. Asian Elephant Research andConservation Centre

http://meghalaya.nic.in/ - Official Websiteof the Government of Meghalaya.

Marak, T. T. C. (2002). Status, distribution andconservation of the Asian elephant (Elephasmaximus) in Meghalaya. Indian Forester128(2): 155-160

Martcot, B.G., Kumar, A., Roy, P.S. and Sawarkar,V.B. (2002). Towards a landscape

conservation strategy: Analysis of Jhumlandscape and proposed corridors formanaging elephants in south Garo Hills andNokrek area, Meghalaya. Indian Forester128(2): 207-216

Saunders, D.A. and Hobbs, R.J. (1991). The Role ofCorridors, Surrey Beatty and Sons, ChippingNorton, New South Wales, Australia.

Simberloff, D.S. (1988). The Contribution ofPopulation and Community Biology toConservation Science. Annual Review ofEcology and Systematics. 19: 473-511.

Sjorgen, P. (1991). Extinction and isolation gradientsin meta-populations; the case of the pool frog(Rana lessonae). Biological Journal of theLinnean Society 42: 135-147.

Talukdar B.K. (2005). Current status of elephantconservation in Meghalaya and ArunachalPradesh in Northeast India. Tigerpaper, 32(3):1-6.

Tiwari, S.K., Karyong, Sunil S., Sarkar, P.,Choudhury, A. U. and Williams, A.C (2005).Elephant Corridors of North-eastern India.In. Menon, V., Tiwari, S.K., Easa, P.S. andSukumar, R. eds. Right of Passage: Elephantcorridors of India. Wildlife Trust of India,New Delhi.

Williams, A. C. and Johnsingh, A. J. T. (1996a). Statussurvey of elephants and their habitats inGaro Hills, north-east India. Gajah 16 : 43-60.

Williams, A. C. and Johnsingh, A. J. T. (1996b).Threatened elephant corridors in Garo Hills,north-east India. Gajah 16 : 61-68.

Selbalgre village (about 20 kms from district HQTura and on way to Williamnagar) in West GaroHills has a small patch of forest under sacred grove

which harbours a wide variety of flora and fauna. It isone of the few remaining abode of the Hoolock Gibbon(Hoolock hoolock )locally called as “Huro”, a Schedule Ispecies in the state.

Selbelgre was initially taken up for protection whenWTI officials first visited the sacred grove on June 29,2006. This was followed by a series of meetings withExecutive committee members of Garo HillsAutonomous District Council (GHADC) and villagersof Selbalgre discussing the need and benefit ofprotecting the forest patch in Selbalgre. Finally in ameeting on December 19, 2006 between all the threestakeholders, the villagers agreed to take up measuresto protect the forest. This was followed by a generalmeeting on March 12, 2007 at the residence of NokmaSelbalgre to constitute a committee to declare the

forest areas near old village side as Village ReserveForest. The following resolution was adopted duringthe meeting:

To declare and register the Selbalgre forest areaat Old village site as Village Reserve Forest.Standing bamboo will only be extracted fordomestic use.Jhum fallows of the Reserve will be planted withnative trees including fruiting trees and anursery will also be created. In addition to Reserve forest area, 250m alongSelbalgre stream from Selbalgre old village siteto Nisimagre A’Khing will be covered under theReserveAll field work/activities will be executed by theVillage Reserve Committee or the villagers ofSelbalgre. Wages rates were also fixedIf additional area is required in future, thematter will also be taken up in subsequentmeetings.

CHAPTER IX

Joining the Gibbon canopies to restore

Sunil Kyarong, Rahul Kaul, Vivek Menon and Sandeep Kumar Tiwari

the Nokrek landscape

Fig.1 Hoolock Gibbon in the Selbalgre Village Reserve fores Fig. 2 A view of Selbalgre Village Reserve


Before declaration of the Village Reserve, it wasimportant that the area is demarcated which wascarried out by WTI and officials of GHADC. Theforest was finally notified as Selbalgre VillageReserve Forest spread over 100 hectares area(Reg.No. 03/GHADC, dated 16th April, 2007) onApril 06, 2007 vide Office Order No. CF.332/Vill-RF/87/52-57 (Fig. 5 &..6).

The notification of the Village Reserve forest wasformally informed to the villagers in a functionorganized on April 20, 2007 at Selbalgre village byGHADC in presence of representative from forestdepartment, WTI, local people from Selbalgre andneighbouring villages and press. The villagers havewelcomed the move, since they understood that theimprovement of vegetation cover will not only help inprotecting the forest but will also improve waterretention in the area.

Since some part of the Reserve had abandoned jhumland, plantation was taken up in the opened area inthree fallow plots totaling 10 hectares. Indigenous

species like Artocarpus heterophyllus (Jack fruit),Gmelina arborea (Gamari), Michelia champaca (TetaChampa), Syzygium cumini (Jamun) , Bahunia sp andother local species were planted between JulyandAugust 2007. Subsequently de-weeding of theplantation was also carried out in December 2007.About 70% of the various fruiting and otherindigenous trees planted have survived (Fig 4 - 8).

To strengthen the livelihood of the people and asincentives to the villagers for protecting the forest,three fish pools were constructed for preservation ofthe endemic fish species inside Selbalgre VRF usingonly local available materials and with financialassistance from Wildlife Trust of India. This will notonly help is easily availability of fishes for localconsumption of the villagers but will also help toprotect the catchments areas of the forest (Fig. 9).

On December 18, 2007 the Selbalgre Village ReserveForest Committee has passed a resolution to declareadditional area of 100 hectares (Mostly jhum fallows)as extension of the Selbalgre Village Reserve Forest.

Fig. 3 Dense vegetation in Selbalgre Village Reserve Forest


Fig. 4 Notification of Selbalgre Village Reserve being released

Fig. 5 WTI Coordinator Sunil Kyarong in Selbalgre VRF


This was made possible after persistent sensitizationof the villagers about the benefit of protecting the areaand positive livelihood support to the villagers. Anexecutive committee to oversee the activities ofSelbalgre VRF has been formed with WTI as one of themember.

Working with the local community, Garo HillsAutonomous Council and state forest department, the

Wildlife Trust of India will make effort to protectfurther areas left fallow due to jhumming betweenRongram and Nokrek to protect the natural forest andother existing wildlife and could contribute to thedevelopment of eco-tourism in the region. This, wehope, will also facilitate easy movement of animalsand help reduced interaction of wild animals withhuman and reduce conflict.

Fig. 6 Jhummed fallow in Selbalgre VRF Fig. 7 Removing the weeds from recently planted areas of Selbalgre VRF

Fig. 8 Signage fixed at Selbalgre Village Reserve Forest for awareness


Fig. 9 Fishery tank being prepared for Selbalgre villagers

Fig. 10 Selbelgre community assisted habitat restoration to link fragmented wildlife habitat inthe Garo Hills

ANNEXURE I

REPORT OF NATIONAL COMMISSION TO REVIEW THE WORKING OF THE CONSTITUTION

Chapter: 9 Decentralization and Devolution

D. Institutions in North East India

Background and Objective

9.22.1 The North Eastern region of India is one of itsrichest regions in terms of natural resources.It is also one of the most beautiful parts ofIndia. However, a sense of alienation,misgovernance, corruption and underdevelopment are pervasive features of theregion. To tackle the problems of this uniquearea and to preserve the democratictraditions and cultural diversity of its people,the framers of the Constitution conceived ofthe instrument of tribal self-rule. This standsembodied in the Sixth Schedule to theConstitution. The drafting of this Schedulewas done by a Sub-Committee on North EastFrontier (Assam Tribal and excluded areas)of the Constituent Assembly headed by ShriGopinath Bardoloi, the then Premier ofAssam. The effort was to accommodate thecollective aspirations of tribal communitieswithin the broader framework of ademocratic political system.

9.22.2 The provisions of the Sixth Schedule areapplicable to the administration of the tribalareas in the States of Assam, Meghalaya,Tripura and Mizoram. Arunachal Pradesh(earlier known as North Eastern FrontierAgency) was also part of the Sixth Scheduleand was administered by the Governor ofAssam. Assam (barring two districtscovered by the Sixth Schedule), ArunachalPradesh, Manipur and Sikkim have passedlegislation bringing the local bodies underthe provisions of the 73rd and 74thAmendments to the Constitution.

9.22.3 The North Eastern part of India with its largenumber of tribal communities and emergingeducated elites has self-governing villagecouncils and organized tribal chiefdoms.Efforts are to be made to give all the States inthis region the opportunities provided under

the 73rd and 74th Constitution Amendments.However, this should be done with dueregard to the unique traditions of the regionand the genius of the people withouttampering with their essential rights andgiving to each State the chance to use its ownnomenclature for systems of governancewhich will have local acceptance.

9.22.4 The Commission feels that our efforts mustbe to develop those instruments of politicalgovernment to bring self-governance to theregion and to calm the passions of divisivetrends. The future of the North EasternStates hinges on choosing self-governance.During the last few decades, the system oflocal-governance promoted under theprovisions of the Sixth Schedule has beenseeking to guarantee political dominancefor backward groups, better localgovernance at the community level, bettereconomic development and ethnic securityfor those who feel threatened by large scaleinflux of illegal migrants and even settlersfrom other parts of India.

9.22.5 The other regions of the country wherethere are large population of tribals arecovered by the provisions of the FifthSchedule. This is totally different fromthe Sixth Schedule States where theemphasis is on self-rule because many ofthe communities inhabiting these areashad ruled themselves until the Britishsubjugated them in the 19th century. Theissues of emotional, physical and politicaldistance and alienation still remain.

General recommendations 9.23 After carefully studying the existing position

of local self- governance in the various North-eastern States, the Commission makes thefollowing general recommendations:-

1Report submitted on 31.3.2002 to the Government of India by Hon'ble Sri M.N. Venkatchaliah, former Chief Justice of India


(i) Careful steps should be taken to devolvepolitical powers through the intermediateand local-Ievel traditional politicalorganisations, provided their traditionalpractices carried out in a modern world donot deny legitimate democratic rights to anysection in their contemporary society. Thedetails of state-wise steps to devolve suchpowers will have to be carefully consideredin a proper representative meeting oftraditional leaders of each community,opinion builders of the respectivecommunities and leaders of state andnational stature from these very groups. Ahasty decision could have seriousrepercussions, unforeseen and unfortunate,which could further complicate and worsenthe situation. To begin with, the subjectsgiven under the Sixth Schedule and thosementioned in the Eleventh Schedule couldbe entrusted to the Autonomous DistrictCouncils (ADCs). The system of in-builtsafeguards in the Sixth Schedule, should bemaintained and strengthened for theminority and micro-minority groups whileempowering them with greaterresponsibilities and opportunities, forexample, through the process of Centralfunding for Plan expenditure instead ofrouting all funds through the StateGovernments. The North Eastern Councilcan play a central role here by developing aprocess of public education on the proposedchanges, which would assure communitiesabout protection of their traditions and alsobring in gender representation and givevoice to other ethnic groups.

(ii) Traditional forms of governance must beassociated with self-governance because ofthe present dissatisfaction. However,positive democratic elements like genderjustice and adult franchise should be builtinto these institutions to make them broaderbased and capable of dealing with achanging world.

(iii) The implementation of centrally fundedprojects from various departments of theUnion Government should be entrusted tothe ADCs and to revived village councilswith strict audit by the Comptroller andAuditor-General of India.

(iv) The process of protection of identity and theprocess of development and change areextremely sensitive. These twin processesneed to be understood in the framework ofa changing world and the role of allcommunities, small and large, in that world.Therefore, the North Eastern Councilshould be mandated to conduct an intensiveprogramme of public awareness,sensitization and education through non-government organizations, StateGovernments, and its own structure to helpbring about such an understanding of theproposals given below.

(v) The provisions of the Anti-Defection Law inthe proposed revised form as nowrecommended by the Commission, videparagraph 4.18.2 shall be made applicable toall the Sixth Schedule areas.

(vi) Given the demographic imbalance whichis taking place in the North-East as aresult of illegal migration from across theborders, urgent legal steps are necessaryfor preventing such groups from enteringelectoral rolls and citizenship rolls of thecountry. The recommendations of thisCommission for issuance of multi-purpose identity cards to all Indiancitizens be made mandatory for all Indianresidents in the North East on a high-priority basis and the Citizenship Actshould be reviewed to plug the loopholeswhich enable illegal settlers to become‘virtual’ citizens in a short span of time,using a network of touts, politicians andofficials.

(vii) A National Immigration Council be set upunder law to examine and report on a rangeof issues including Work Permits for legalmigrants, Identity Cards for all residentsand the enactment of a National MigrationLaw and a National Refugee Law, review ofthe Citizenship Act, the Illegal MigrantsDetermination by Tribunal Act and theForeigners Act.

(viii) Local communities be involved in themonitoring of our borders, in associationwith the local police and the Border SecurityForce.


Specific Statewise Recommendations

9.24 In addition to the above, some specificreforms are recommended by theCommission in regard to individual States inthe North Eastern region of India.

9.25 Nagaland: The case of Nagaland is quitedifferent from the position of other NorthEastern States in view of the provisions ofarticle 371A of the Constitution inserted bythe Constitution (Thirteenth Amendment)Act, 1962 and the Nagaland Tribe, Area,Range and Village Council Act, 1966. Article371A specifically provides that no Act ofParliament in respect of (i) religious orsocial practices of the Nagas, (ii) Nagacustomary law and procedure, (iii)administration of civil and criminal justiceinvolving decisions according to Nagacustomary law; and (iv) ownership andtransfer of land and its resources shall applyto the State unless the Legislative Assemblyby a resolution so decides. In addition, theGovernor of Nagaland has special powersto act with regard to internal disturbances,powers which are virtuallyunchallengeable. The Nagaland Tribe, Area,Range and Village Council Act, 1966provides for the creation of a tribal councilfor each tribe, an Area Council for Kohimaand Dimapur, a Range Council where thereis a recognized range in the Mokukchungand Kohima Districts and Village Councilsfor one or more villages in Kohima andMokukchung, wherever they may bedeemed necessary by the DeputyCommissioner. The Village DevelopmentBoard scheme was started in 1970s to enablevillage councils to function effectively andwith autonomy. The Village DevelopmentBoards are now receiving central funds andabout 1000 village development boards arefunctioning with assets totaling abouttwenty crores of rupees. The Commissionelicited views of the State Government andthe general public as to how a long termsettlement of the political issues of the Nagaleadership could be arrived at and as to howmuch autonomy could be given to the localcommunities to promote self-governanceand a sense of ownership. The Commissionnotices the efforts being made by theGovernment to arrive at a political solution.It is to be hoped that this process wouldcontribute to peace and stability.

The Commission recommends that in Nagaland -

(1) Naga Councils be replaced by electedrepresentatives of various Naga societygroups with an intermediary tier at thedistrict level.

(2) Village Development Boards be lessdependent on State and receive moreCentrally-sponsored funds.

9.26 Assam: The division of the composite Stateof Assam led to the drawing of newboundaries. The North Cachar hills sub-division of the United Mikir and CacharHills District was upgraded to a district in1970. The Mikir Hills District section wasrenamed as Karbi Anglong in 1976. Boththe districts have Autonomous Councils.For each autonomous district, the SixthSchedule provides for a District Councilconsisting of not more than 30 members fora term of five years. The Governornominates not more than four members tothe Council while the others are elected onthe basis of adult suffrage. The ChiefExecutive Member (CEM), the chairmanand the deputy chairman (equivalent toSpeaker and the deputy Speaker) are electedfrom among the Members and the CEMselects the other executive members.

9.27 There are different internal rules fordifferent Autonomous District Councils. Insome Councils like Mara in Mizoram, theelectorate are eligible adults and in certainothers like Karbi Anglong right to access totraditional lands and length of stay in theregion are regarded as qualifying criteria forbeing included in the voters’ list for theADCs.

9.28 As regards Assam, the Commissionrecommends that (1) the Sixth Scheduleshould be extended to the BodolandAutonomous Council with protection fornon-tribal, non-Bodo groups, (2) otherAutonomous Councils be upgraded toAuton omous Development Councils withmore Central funds for infrastructuredevelopment; within the purview of the73rd Amendment but also using traditionalgoverning systems at the village level.

9.29 Meghalaya: In Meghalaya, the DistrictCouncils are dominated by the tribal


communities. The major tribes of the State are Khasi,Jaintia and Garo. Besides District Councils, there aretraditional ruling systems, namely, the Syiems (rajas)of the Khasi Hills. The Dolois of the Jaintia and theNokmas of the Garos. Of these three, the Khasitraditional polity was regulated under a three tiersystem with the Durbar Shnong i.e., Village Councilpresided by the Rangbah Shnong (headman) at thebase, the Durbar Hima i.e., State Assembly presidedby the Syiem or the equivalent of a king at the apex.The Dolois of the Jaintia Hills and the Nokmas ortraditional headmen of the Garos are not as wellorganized as the Syiemships. There are at presentcompeting systems of authority each of which isseeking to serve or represent the same constituencyand the system therefore requires streamlining as perthe aspirations of the people. Trends towardsmilitancy in the State can be discouraged throughmeasures leading to self-governance. For this tohappen, the traditional systems of governance willhave to be included and given specific roles andopportunities instead of being marginalized.

As regards Meghalaya, the Commission makes thefollowing recommendations:-

(1) A tier of village governance to be created fora village or a group of villages in theAutonomous District Councils, comprising ofelected persons from the traditional systemsplus from existing village councils with notmore than 15 persons at each village unit.

(2) At present, each of the Autonomous DistrictCouncils in Meghalaya consists of 30 seats. Itis recommended that this number may beincreased by 10 seats, i.e., to a total number of40 seats. Of the 10 additional seats, havingregard to the non-representation of womenand non-tribals, the Governor may nominateup to five members from these categories toeach of the ADCs. The other five may beelected as follows:-

By Syiems and Myntris, from amongthemselves to the Khasi AutonomousCouncil.By Dolois from among themselves to theJaintia Autonomous District Council;andBy Nokmas from among themselves tothe Garo Autonomous District Council.

9.30 Tripura: In Tripura, the Tripura Tribal AreasAutonomous District Councils were formedin 1985 and every such Council has 28elected members and two membersnominated on the basis of the ChiefExecutive Member’s recommendation bythe Governor from among the Tribals.

As regards Tripura, the Commission makes thefollowing recommendations:-

(1) The recommendations made by theCommission for other Autonomous Councilsshould also apply in respect of theAutonomous District Council(s) in Tripura.

(2) The number of elected members in theCouncil should be increased from 28 to 32.

(3) The number of nominated members shouldbe increased to six from the current two. Theexisting non-tribal seats (currently, they havethree elected seats) be converted to tribalseats. Three non-tribals may be nominated bythe Governor and three tribal women may benominated by the Chief Executive Member.

9.31 Mizoram: In Mizoram, there are threeAutonomous District Councils (ADCs),namely, the Lai, Mara and Chakma. TheChakma ADC has 13 elected members and 3nominated members. The Lai ADC has 23elected and 4 nominated members. The MaraADC has 19 elected and 4 nominated members.

As regards Mizoram, the Commission makes thefollowing recommendations:-

(1) An intermediary elected 30-member tier bedeveloped at the district level in areas notcovered by the Sixth Schedule, i.e.,excludingthe Chakma, Lai and Mara DistrictAutonomous Councils. There would thus betwo tiers below the State Legislature: theDistrict and the Village.

(2) Village Councils in non-Scheduled areas begiven more administrative and judicialpowers; two or more villages be combined toform one village council, given the smallpopulation in the State.


(3) Consideration be given to groups seekingSixth Schedule status, depending on viabilityof the demand, including size of population,territorial and ethnic contiguity.

(4) Central funding as outlined in generalrecommendations be provided to the ADCs.

(5) Nominated seats for women, non-tribals andSixth Schedule tribes in non-scheduled area(not to exceed six over and above the size ofthe Councils, making a total of 36 members);current size of ADCs be increased to 30 with asimilar provision for women and non-scheduled tribes.

9.32 Manipur: Manipur has been seeking SixthSchedule status for its hill areas and thisrequest needs serious consideration. The

73rd and 74th Amendments are applicableto only those areas of Manipur which are inplains and these provisions are yet to befully implemented.

As regards Manipur, the Commissionrecommends that the provisions of the SixthSchedule be extended to hill districts of theState. Also, the 73rd Amendment beimplemented vigorously in the areas of theplains where, despite elections, the systemis virtually non-existent.

9.33 Arunachal Pradesh: Since the Governmentof Arunachal Pradesh has alreadyimplemented the provisions of theConstitution 73rd Amendment in toto, theCommission does not propose to make anyrecommendation in this regard.

Fig.1 Traditional musical instrument being played at a festival

ANNEXURE II

T.N. GODAVARMAN THIRUMULPAD

VERSUS

UNION OF INDIA & ORS.

ENVIRONMENT AWARENESS FORUM

VERSUS

STATE OF J & K & ORS.

Chief Justice, A S Anand and B.N. Kirpal, JJ.

(WP (C) No. 202/95 with WP (C) No. 171/96)

(Decided on 15.01.1998)

North Eastern States - Transportation of Timberoutside the State - Not feasible - Ban on TimberTrade - Neither feasible nor desirable in view ofdependence of local people- Number to beregulated according to sustainability

Saw Mills to be relocated in specified industrialzones - industrial requirement have to besubordinated to maintenance of ecology andbonafide local needs - No fresh felling inGovernment, District Councils and RegionalCouncils - Fool proof institutional arrangements tobe put in place under supervision of North-EasternCouncil - Satellite office of Forest Survey of Indiato be set up at Shillong

Disposal of felled timber - Report of HighPowered Committee consider - Directions issued -Pricing of timber - existing royalty to be revised

upwardly - Licensing - Licenses given to woodbased industries suspended - Wood basedindustries cleared by High Powered Committee toshift to industrialistics - complete moratorium onissue of new licenses for wood based industries -number of wood basedindustries to be determinedon quantity of timber that can be sustainablyharvested

Forest Protection - Action Plan for intensivepatrolling to be prepared by PCCF - Report to besubmitted to Central Government - StateGovernment to provide all facilities to strictlyenforce forest protection measures - ChiefSecretary to review the same every six month

Scientific Management of Forest - WorkingPlans for all Forest Divisions shall be prepared byState Government and approved

1Report submitted on 31.3.2002 to the Government of India by Hon'ble Sri M.N. Venkatchaliah, former Chief Justice of India


District Regional and Village Councils workingschemes specified

Ecologically sensitive area - States to identify inconsultation with ICFRE, WII, NERIST, NEHU andNGOs - areas to be totally excluded fromexploitation - minimum extent to be 10% of totalforest area in the State.

Action against Officials - State Government’s toidentify forest divisions where significant illegalfelling have taken place - initiation of disciplinary/criminal proceedings against guilty TimberExtraction - Except in private plantations - to bedone only by State agencies Local Laws andCustoms relating to forest - Concerned StateGovernment to apply for modification of Court’sorder.

Arunachal Pradesh - Permit System abolishedProceeds from seize timber to be shade betweenState Government and Tribal Populations Wildlifeand Biodiversity - States to ensure sufficientbudgetary provisions Ministry of EnvironmentalForest to have liberty in issuing suitable directionsconsisting with order.

Clarification - term ‘State Government to includeDistrict Councils

Order

Learned Attorney General submits that theperception of the Ministry of Environment andForests is as under:

1. It has been estimated by the HPC thatabout 1.20 lakhs cubic meters of illicitlyfelled seized timber, belonging to the StateGovernments is lying in the forests anddepots for varying periods of time between1 to 2 years and is thereby getting degradedon account of decay and rotting of thewood. It is necessary to dispose it off at theearliest to minimise any further loss in itmonetary value. There is, in addition,considerable quantity of Timber claimed bythe private industry and local people.

List the matter on 20th January , 1998before a Bench consisting of Hon’ble Dr.Justice A.S. Anand, Hon’ble Mr Justice BN Kirpal and Hon’ble Mr Justice V SKhare.

In view of the approaching monsoonseason (April 98) all such timber needs tobe disposed off with urgency to savefurther loss in quality, as also in value,albeit with, proper checks and balances.

North Eastern States

2. Given the weak infrastructure in theNorth-eastern region, it does not seemfeasible to transport such huge quantitiesof timber for auction in markets outsidethe region in a short time. Moreover, therewould be uncertainty of the response intimber markets far away from the sourceof timber which has been subject toelements of degradation in varyingdegrees. There is also the likelihood oflocal resentment, in an otherwise sensitivearea, it all such material is removed fromthe region without processing and valueaddition, which could be conceived ascreating an adverse effect on the region’seconomy.

3. Even though the proliferation of wood-basedindustries has been the main cause ofdegradation of forests in the North-EasternStates, considering the extent of forests(64% of the geographical area) and thedependence of the local people on theforest resources in the region it is neitherfeasible, nor desirable, to ban completelyeither the timber trade or running of thewood based industries. However, theirnumbers and capacities were to beregulated qua the sustainable availabilityof forest produce and they are alsorequired to be relocated in specifiedindustrial zones. Moreover, the industrialrequirements have to be subordinated to themaintenance of environment and ecology aswell as bonafide local needs.

4. There shall be no fresh fellings in theforests belonging to the Government,District and Regional Councils till thedisposal of their existing stocks of legaland illegal timber.

5. In view of the multi-dimensional issuesimpinging upon forest protection,


foolproof institutional arrangements need tobe put in place, and made functional under thestrict supervision of the North-East Council(NEC). Technical back stopping in theforestry matter will be provided by MoEF byopening a separate Cell in the Ministry underan officer of the rank of CCF and starting asatellite office of the Forest Survey of India atShillong.

We appreciate the perception of MoEF asreflected by the learned Attorney General.

We have heard the Amicus Curiae, theLearned Attorney General and learnedcounsel for North Eastern states. In view of thereport of the High Power Committee andtaking into account the factors which requirean order to be made by the Court for disposalof the felled timber and ancillary matterswhich are lying in the North-Eastern States,we consider it appropriate to make thefollowing order:-

1. Disposal of timber shall commence only afterthe concerned Principal Chief Conservator ofForests irrevocably certifies thatinvestigations of all felled timber in the Statehas been completed.

2. As a first measure all inventories timber,including seized timber lying in the forestshould be immediately transported tospecified forest depots.

3. All illegal/illicit timber found inpossession of an offender or abandoned inthe forest shall be confiscated to the StateGovernment and shall be disposed off inaccordance with the procedure to beadopted for disposal of Governmenttimber.

4. Out of the seized timber, logs foundsuitable for manufacture of veneer andplywood shall be processed by the StateGovernments within their own factoriesand by hiring such facilities. The finishedproduct can be marketed freely.

5. The remaining timber belonging toGovernment and District Councils shallbe first offered for sale to GovernmentDepartments for their bonafide official

use and the rest shall be sold in publicauction or through sealed tenders afterfixing floor price by an Expert Committeewith a representative from the MoEF.Private timber owners whose stocks havebeen cleared by HPC shall have the optionof selling the timber either in the auctionsorganized by the State ForestDepartments/Forest DevelopmentCorporations or directly.

6. The State Governments shall formally notifyindustrial estates for locating the wood basedindustries units in consultation with theMinistry of Environment and Forests.

Timber as per inventory cleared byHPC may be allowed to:

(a) be converted/utilized if the unit islocated within the notifiedindustrial estate. As the relocation inproposed industrial estates may takesome time, existing units with onlylegal stocks may convert this timber,as one time exception,notwithstanding anything containedin para 12 hereunder, till such stockslast subject to the maximum periodas per the norms prescribed by theHigh Power Committee (Vide theirIII report) or six months whicheveris less. Any stock remainingthereafter shall rest in the StateGovernment. However, freshtrees/timber will be allotted to theseunits only when they startfunctioning within the designatedindustrial estates. The territorialDeputy Conservator ofForests/Divisional Forest Officershall be responsible for ensuring thatsuch units process the legal stocksonly and will closely monitor thevarious transit permits (inward andoutward) and maintenance of theprescribed records. All such recordsshall be countersigned (with date) byan officer not less than the rank of anAssistant Conservator of Forests.

(b) allowed to be sold to other unitswhich are located in these industrial


estates subject to the condition thatsuch transactions are routed throughan authority notified/ constituted bythe Principal Chief Conservator ofForests.

(c) The State Governments shall ensuredisposal of illegal timber beforepermitting the conversion/disposalof legal/authorized timber availablewith the wood based industries.

8. Transportation of auctioned timber (as wellas legal timber) including sawn timberoutside the North Eastern Region shall onlybe done through railways under the strictsupervision of the Forest Department. TheRailway Board shall give priority forproviding rakes/wagons for suchtransportation.

9. Modalities for transportation oftimber/timber products and alternativemodes in case of difficulties intransportation by Railways will be workedout by the State Governments inconcurrence of the Ministry ofEnvironment and Forests.

10. Existing inventoried stock of timberoriginating from plantations in private andcommunity holdings in the States ofMeghalaya, Mizoram, Tripura, Manipurand Nagaland may be disposed of by theirowners under the relevant State laws andrules. In States where such laws and rulesdo not exist, the necessary laws and rulesmay be framed within six months.

Pricing of Timber

11. The State Governments shall ensure thattimber/forest produce is supplied toindustries including GovernmentUndertakings, at full market rate. Theexisting royalty shall be reviewed andrevised upwardly by a Committeeconstituted under the Chairmanship ofPrincipal Chief Conservator of Forestswith representatives from the concernedDepartments and shall also include arepresentative of Ministry ofEnvironment and Forest. The prices of

timber for which royalty has not beenrealized in full shall also be reviewed bythis Committee and the concernedindustry shall be required to pay therevised price or the royalty (includingsurcharge, fee etc.) which ever is higherafter deducting the part royalty alreadypaid.

Licensing

12. Licensing given to all wood basedindustries shall stand suspended.

13. Wood based industries which have beencleared by the High Power Committeewithout any penalty shall have the optionto shift to industrial estates which shall beidentified by the States within 45 days anddeveloped within six months thereafter.

14. Units which have been penalized becausethey were found to exceed normalrecovery norms, but were within 15% ofthe said norms will have right to approachthe High Power Committee on or before9th February, 1998. The High PowerCommittee shall examine all relevantmaterial in particular the income tax andexcise records for the proceeding threeyears. The High Power Committee shalldispose of all such applications within 45days thereafter and such mills may begranted licence if the High PowerCommittee finds that it is not againstpublic interest so to do.

15. Units which have not furnisheddetails/information to the High PowerCommittee so far or which have not beencleared by the High Power Committee, shallnot be granted any licence and the stocks intheir custody if any, shall be confiscated tothe State Government. In case of leased millsbelonging to corporations/trusts/cooperative societies owned/controlled/managed by the State Government andwhere the lessees have been penalized by theHigh Power Committee, the leases shallstand revoked. Such mills shall, however, beeligible for relicencing subject to thecondition that these mills are not leased outin future except to a entity fully owned by theGovernment.


16. Units who do not want to shift to thedesignated industrial estates shall be allowedto wind up as per law.

17. Henceforth, licenses of units shall be renewedannually only in those cases where noirregularity is detected.

18. There shall be a complete moratorium onthe issue of new licenses by the StateGovernments or any other authority forthe establishment of any new wood basedindustry for the next five years after whichthe situation shall be reviewed with theconcurrence of Ministry of Environmentand Forests.

19. Number of wood based industries shallbe determined strictly within thequantity of timber which can be felledannually on sustainable basis asdetermined by the approved workingplans from time to time. If it is foundthat units after relocation in industrialestate have excess capacity then theircapacities shall be reduced pro rata toremain within the sustainable levels.

Forest Protection

20. An action plan shall be prepared by thePrincipal Chief Conservator ofForests/Chief Forest Officer for intensivepatrolling and other necessary protectivemeasure to be undertaken in identifiedvulnerable areas and quarterly report shallbe submitted to the Central Governmentfor approval. The approved plan togetherwith the modifications, if any, shall beacted upon.

21. To ensure protection of the forest wealththe forest officers in the North EasternStates may be empowered with authorityto investigate prosecute and confiscateon the lines of the powers conferred onthe forest officers in many other States inthe country.

22. The State Governments shall beresponsible for providing all facilitiesincluding security and police force to

strictly enforce forest protectionmeasures to stop illicit felling, removaland utilizations of such timber. The ChiefSecretary shall review the various mattersconcerning forest protection anddevelopment in his State at least onceevery six months with senior forestofficers up to the rank of Conservator ofForests, Regional Chief Conservator ofForests of MoEF shall be invited to allsuch meetings.

Scientific Management of Forest

23. Working Plans for all forest divisions shallbe prepared by the State Governments andgot approved from the Government of India.Forest working shall be carried out strictlyin accordance with the approvedprescriptions of the working plans. Theworking plans should be prepared within aperiod of two years. During theinterregnum the forests shall be workedaccording to an annual felling programmeapproved by the MoEF which shall beincorporated in the concerned workingplan. In case a working plan is notprepared within this time frame, futurefellings will remain suspended till theregular working plan is prepared and getapproved.

24. The forests under the District, Regionaland Village Councils shall be worked inaccordance with working schemes whichshall specify both the programme forregeneration and harvesting and whoseperiod shall not be less than 5 years.

25. The maximum permissible annual yield inthe ad interim measures suggested above,shall not exceed the annual harvestableyield determined by Ministry ofEnvironment and Forests. The plantationsschemes raised on private and communityholdings shall be excluded from theserequirements but shall be regulated underrespective State rules and regulations.

26. The States shall identify ecologicallysensitive areas in consultation with


leading institutions like the Indian Councilof Forestry Research and EducationWildlife Institute of India, North Eastern illUniversity, North Eastern RegionalInstitute of Science and Technology,leading NGOs, etc. and ensure that suchareas are totally excluded from any kind ofexploitation: The minimum extent of suchareas shall be 10% of the total forest area inthe state.

Action against officials

27. The State Government shall identifywithin 15 days all those forest divisionswhere significant illegal felling has takenplace and initiate disciplinary/criminalproceedings against those foundresponsible. The first Action Taken Report(ATR) in this regard shall be submitted tothe Central Government within threemonths which shall be followed byquarterly reports (Qrs.) till the culminationof the matter.

28. Timber extracting in forests irrespective ofownership except in private plantations,shall be carried out by a State agency only.The States shall endeavour to adoptpattern obtaining in the State of HimachalPradesh as described in para 2, 5, 3 of theRajamani Committee Report.

If there be any local laws/customs relating to theforest in any State, the concerned State Governmentmay apply to this Court for the needed modification, ifany, with alternative proposal.

29. The penalties levied on the wood basedindustries as ordered by the High PowerCommittee shall constitute the revolvingfund to meet the expenses involved incollection and transportation of seizedillegal timber. These can be augmented byutilizing the funds generated by the initialsales of illegal timber already available inthe forest depots.

30. Each State shall constitute a State levelExpert Committee for matters concerningthe preparation of Working plans, their

implementation, development ofIndustrial estates, shifting of industrialunits to these estates, rules and regulationsregarding the grant and renewal oflicenses to wood based industry and otherancillary matters, under the chairmanshipof Principal Chief Conservator of Forestsand with a nominee of Ministry ofenvironment and Forests as one of itsmembers. Any decision of this Committeewhich is not acceptable to the StateGovernment shall be referred to theCentral Government.

31. The existing permit system in ArunachalPradesh shall stand abolished. The StateGovernment may provide financial assistancein each or kind in the form of timber only forthe bonafide use of the local tribals alone. Suchconcessional timber shall not be barteredor sold. Felling of trees for such purposeshall be carried out only by a Governmentagency.

32. The total sale proceeds from the sale ofseized timber, as well as timber productsmanufactured and disposed by the StateGovernment (Vide para-1) and penaltieswould be credited to the State Revenues.Out of this, the State shall utilize one half ofthe amount for raising forest plantations bylocal tribal population and as assistance tothe tribals. The remaining one half of thetotal sale proceeds, after deduction of theexpense therefrom, would go to the Statecoffers for other developmental activities inthe State.

33. The States shall ensure that sufficientbudgetary provisions are made for thepreservation of biodiversity and protectionof wildlife.

34. To ensure that timber/forest producesmuggled across the border may not beused as a cover for trade in illegal timber,it is directed that all such timber seized bycustoms/Border Security Force should not beredeemed in favor of individuals who aresmuggling it but should be confiscated andhanded over to the concerned State ForestDepartment along with offenders. Vehicles,


tools and implements for prosecution under therelevant acts.

35. For the proper and effectiveimplementation of these orders, Ministryof Environment and Forests will have theliberty to issue suitable directionsconsistent with this order.

36. Action taken report be filed by each StateGovernment and the Ministry of

Environment and Forest every twomonths.

37. Liberty to apply for modification/clarification in case of need.

(Note: In this order the term “State Government”would include District Council also except where thecontext implies otherwise.)

Fig. 1 Pitcher plant in Garo hills

Autonomous districts and autonomous

regions

(1) Subject to the provisions of this paragraph,the tribal areas in each item of Parts I, II andIIA and in Part III of the table appended toparagraph 20 of this Schedule shall be anautonomous district.

(2) If there are different Scheduled Tribes in anautonomous district, the Governor may, bypublic notification, divide the area or areasinhabited by them into autonomous regions.

(3) The Governor may, by public notification,

(a) include any area in any of the Parts of thesaid table,

(b) exclude any area from any of the Parts ofthe said table,

(c) create a new autonomous district,

(d) increase the area of any autonomousdistrict,

(e) diminish the area of any autonomousdistrict,

(f) unite two or more autonomous districtsor parts thereof so as to form oneautonomous district,

(g) alter the name of any autonomousdistrict,

(h) define the boundaries of any autonomousdistrict:

Provided that no order shall be made by theGovernor under clauses (c), (d), (e) and (f) of this sub-paragraph except after consideration of the report of aCommission appointed under sub-paragraph (1) ofparagraph 14 of this Schedule:

Provided further that any order made by theGovernor under this sub-paragraph may contain suchincidental and consequential provisions (includingany amendment of paragraph 20 and of any item inany of the Parts of the said table) as appear to theGovernor to be necessary for giving effect to theprovisions of the order.

Constitution of District Councils and

Regional Councils

(1) There shall be a District Council for eachautonomous district consisting of not morethan thirty members, of whom not more thanfour persons shall be nominated by theGovernor and the rest shall be elected on thebasis of adult suffrage.

(2) There shall be a separate Regional Council foreach area constituted an autonomous regionunder sub-paragraph (2) of paragraph 1 ofthis Schedule.

(3) Each District Council and each RegionalCouncil shall be a body corporate by thename respectively of “the District Council of(name of district)” and “the Regional Councilof (name of region)”, shall have perpetualsuccession and a common seal and shall bythe said name sue and be sued.

(4) Subject to the provisions of this Schedule, theadministration of an autonomous districtshall, in so far as it is not vested under thisSchedule in any Regional Council within suchdistrict, be vested in the District Council forsuch district and the administration of anautonomous region shall be vested in theRegional Council for such region.

(5) In an autonomous district with RegionalCouncils, the District Council shall have onlysuch powers with respect to the areas underthe authority of the Regional Council as may

ANNEXURE III

SIX SCHEDULE

[Articles 244(2) and 275(1)]

Provisions as to the Administration of Tribal Areas in the

States of Assam, Meghalaya, Tripura and Mizoram


be delegated to it by the Regional Council inaddition to the powers conferred on it by thisSchedule with respect to such areas.

(6) The Governor shall make rules for the firstconstitution of District Councils and RegionalCouncils in consultation with the existingtribal Councils or other representative tribalorganisations within the autonomousdistricts or regions concerned, and such rulesshall provide for

(a) the composition of the District Councilsand Regional Councils and the allocationof seats therein;

(b) the delimitation of territorialconstituencies for the purpose of electionsto those Councils;

(c) the qualifications for voting at suchelections and the preparation of electoralrolls therefor;

(d) the qualifications for being elected at suchelections as members of such Councils;

(e) the term of office of members of RegionalCouncils;

(f) any other matter relating to or connectedwith elections or nominations to suchCouncils;

(g) the procedure and the conduct ofbusiness (including the power to actnotwithstanding any vacancy) in theDistrict and Regional Councils;

(h) the appointment of officers and staff of theDistrict and Regional Councils.

(6A) The elected members of the District Councilshall hold office for a term of five years fromthe date appointed for the first meeting of theCouncil after the general elections to theCouncil, unless the District Council is soonerdissolved under paragraph 16 and anominated member shall hold office at thepleasure of the Governor:

Provided that the said period of five years may,while a Proclamation of Emergency is inoperation or if circumstances exist which, in theopinion of the Governor, render the holding of

elections impracticable, be extended by theGovernor for a period not exceeding one yearat a time and in any case where a Proclamationof Emergency is in operation not extendingbeyond a period of six months after theProclamation has ceased to operate:

Provided further that a member elected to filla casual vacancy shall hold office only for theremainder of the term of office of the memberwhom he replaces.

(7) The District or the Regional Council may afterits first constitution make rules with theapproval of the Governor with regard to thematters specified in sub-paragraph (6) of thisparagraph and may also make rules with likeapproval regulating

(a) the formation of subordinate localCouncils or Boards and their procedureand the conduct of their business; and

(b) generally all matters relating to thetransaction of business pertaining to theadministration of the district or region, asthe case may be:

Provided that until rules are made by theDistrict or the Regional Council under thissub-paragraph the rules made by theGovernor under sub-paragraph (6) of thisparagraph shall have effect in respect ofelections to, the officers and staff of, and theprocedure and the conduct of business in,each such Council.

Powers of the District Councils and

Regional Councils to make laws

(1) The Regional Council for an autonomousregion in respect of all areas within suchregion and the District Council for anautonomous district in respect of all areaswithin the district except those which areunder the authority of Regional Councils, ifany, within the district shall have power tomake laws with respect to

(a) the allotment, occupation or use, or thesetting apart, of land, other than any landwhich is a reserved forest for thepurposes of agriculture or grazing or forresidential or other non-agricultural


purposes or for any other purpose likely topromote the interests of the inhabitants of anyvillage or town:

Provided that nothing in such laws shall preventthe compulsory acquisition of any land, whetheroccupied or unoccupied, for public purposes by theGovernment of the State concerned in accordancewith the law for the time being in force authorisingsuch acquisition;

(b) the management of any forest not being areserved forest;

(c) the use of any canal or water-course forthe purpose of agriculture;

(d) the regulation of the practice of jhum orother forms of shifting cultivation;

(e) the establishment of village or towncommittees or councils and their powers;

(f) any other matter relating to village ortown administration, including village ortown police and public health andsanitation;

(g) the appointment or succession of Chiefsor Headmen;

(h) the inheritance of property;

(i) marriage and divorce;

(j) social customs.

(2) In this paragraph, a “reserved forest” meansany area which is a reserved forest under theAssam Forest Regulation, 1891, or under anyother law for the time being in force in thearea in question.

(3) All laws made under this paragraph shall besubmitted forthwith to the Governor and,until assented to by him, shall have no effect.

Administration of justice in autonomous

districts and autonomous regions

(1) The Regional Council for an autonomousregion in respect of areas within such regionand the District Council for an autonomousdistrict in respect of areas within the district

other than those which are under theauthority of the Regional Councils, if any,within the district may constitute villagecouncils or courts for the trial of suits andcases between the parties all of whom belongto Scheduled Tribes within such areas, otherthan suits and cases to which the provisions ofsub-paragraph (1) of paragraph 5 of thisSchedule apply, to the exclusion of any courtin the State, and may appoint suitable personsto be members of such village councils orpresiding officers of such courts, and may alsoappoint such officers as may be necessary forthe administration of the laws made underparagraph 3 of this Schedule.

(2) Notwithstanding anything in this Constitution,the Regional Council for an autonomous regionor any court constituted in that behalf by theRegional Council or, if in respect of any areawithin an autonomous district there is noRegional Council, the District Council for suchdistrict, or any court constituted in that behalf bythe District Council, shall exercise the powers ofa court of appeal in respect of all suits and casestriable by a village council or court constitutedunder sub-paragraph (1) of this paragraphwithin such region or area, as the case may be,other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Scheduleapply, and no other court except the High Courtand the Supreme Court shall have jurisdictionover such suits or cases.

(3) The High Court shall have and exercise suchjurisdiction over the suits and cases to whichthe provisions of sub-paragraph (2) of thisparagraph apply as the Governor may fromtime to time by order specify.

(4) A Regional Council or District Council, as thecase may be, may with the previous approvalof the Governor make rules regulating

(a) the constitution of village councils andcourts and the powers to be exercised bythem under this paragraph;

(b) the procedure to be followed by villagecouncils or courts in the trial of suits andcases under sub-paragraph (1) of thisparagraph;

(c) the procedure to be followed by theRegional or District Council or any court


constituted by such Council in appealsand other proceedings under sub-paragraph (2) of this paragraph;

(d) the enforcement of decisions and ordersof such councils and courts;

(e) all other ancillary matters for the carryingout of the provisions of sub-paragraphs(1) and (2) of this paragraph.

(5) On and from such date as the President may,after consulting the Government of the Stateconcerned, by notification appoint in thisbehalf, this paragraph shall have effect inrelation to such autonomous district or regionas may be specified in the notification, as if

(i) in sub-paragraph (1), for the words“between the parties all of whom belongto Scheduled Tribes within such areas,other than suits and cases to which theprovisions of sub-paragraph (1) ofparagraph 5 of this Schedule apply,”, thewords “not being suits and cases of thenature referred to in sub-paragraph (1) ofparagraph (5) of this Schedule, which theGovernor may specify in this behalf,” hadbeen substituted;

(ii) sub-paragraphs (2) and (3) had beenomitted;

(iii) in sub-paragraph (4)

(a) for the words “A Regional Council orDistrict Council, as the case may be, maywith the previous approval of theGovernor make rules regulating”, thewords “the Governor may make rulesregulating” had been substituted; and

(b) for clause (a), the following clause hadbeen substituted, namely: “(a) theconstitution of village councils andcourts, the powers to be exercised bythem under this paragraph and the courtsto which appeals from the decisions ofvillage councils and courts shall lie;”;

(c) for clause (c), the following clause hadbeen substituted, namely: “(c) the transferof appeals and other proceedingspending before the Regional or District

Council or any court constituted by suchCouncil immediately before the dateappointed by the President under sub-paragraph (5);”; and

(d) in clause (e), for the words, brackets andfigures “sub-paragraphs (1) and (2)”, theword, brackets and figure “sub-paragraph (1)” had been substituted.

Conferment of powers under the Code ofCivil Procedure, 1908, and the Code ofCriminal Procedure, 18981, on the Regionaland District Councils and on certain courtsand officers for the trial of certain suits, casesand offences

(1) The Governor may, for the trial of suits orcases arising out of any law in force in anyautonomous district or region being a lawspecified in that behalf by the Governor, orfor the trial of offences punishable with death,transportation for life, or imprisonment for aterm of not less than five years under theIndian Penal Code or under any other law forthe time being applicable to such district orregion, confer on the District Council or theRegional Council having authority over suchdistrict or region or on courts constituted bysuch District Council or on any officerappointed in that behalf by the Governor,such powers under the Code of CivilProcedure, 1908, or, as the case may be, theCode of Criminal Procedure, 18981, as hedeems appropriate, and thereupon the saidCouncil, court or officer shall try the suits,cases or offences in exercise of the powers soconferred.

(2) The Governor may withdraw or modify anyof the powers conferred on a District Council,Regional Council, court or officer under sub-paragraph (1) of this paragraph.

(3) Save as expressly provided in this paragraph,the Code of Civil Procedure, 1908, and theCode of Criminal Procedure, 18981, shall notapply to the trial of any suits, cases or offencesin an autonomous district or in anyautonomous region to which the provisionsof this paragraph apply.

(4) On and from the date appointed by thePresident under sub-paragraph (5) of


paragraph 4 in relation to any autonomousdistrict or autonomous region, nothingcontained in this paragraph shall, in itsapplication to that district or region, bedeemed to authorise the Governor to conferon the District Council or Regional Council oron courts constituted by the District Councilany of the powers referred to in sub-paragraph (1) of this paragraph.

Powers of the District Council to

establish primary schools, etc

(1) The District Council for an autonomousdistrict may establish, construct, or manageprimary schools, dispensaries, markets, cattlepounds, ferries, fisheries, roads, roadtransport and waterways in the district andmay, with the previous approval of theGovernor, make regulations for theregulation and control thereof and, inparticular, may prescribe the language andthe manner in which primary education shallbe imparted in the primary schools in thedistrict.

(2) The Governor may, with the consent of anyDistrict Council, entrust either conditionallyor unconditionally to that Council or to itsofficers functions in relation to agriculture,animal husbandry, community projects, co-operative societies, social welfare, villageplanning or any other matter to which theexecutive power of the State extends.

District and Regional Funds

(1) There shall be constituted for eachautonomous district, a District Fund and foreach autonomous region, a Regional Fund towhich shall be credited all moneys receivedrespectively by the District Council for thatdistrict and the Regional Council for thatregion in the course of the administration ofsuch district or region, as the case may be, inaccordance with the provisions of thisConstitution.

(2) The Governor may make rules for themanagement of the District Fund, or, as thecase may be, the Regional Fund and for theprocedure to be followed in respect ofpayment of money into the said Fund, thewithdrawal of moneys therefrom, the custodyof moneys therein and any other matter

connected with or ancillary to the mattersaforesaid.

(3) The accounts of the District Council or, as thecase may be, the Regional Council shall bekept in such form as the Comptroller andAuditor-General of India may, with theapproval of the President, prescribe.

(4) The Comptroller and Auditor-General shallcause the accounts of the District and RegionalCouncils to be audited in such manner as hemay think fit, and the reports of theComptroller and Auditor-General relating tosuch accounts shall be submitted to theGovernor who shall cause them to be laidbefore the Council.

Powers to assess and collect land

revenue and to impose taxes

(1) The Regional Council for an autonomousregion in respect of all lands within such regionand the District Council for an autonomousdistrict in respect of all lands within the districtexcept those which are in the areas under theauthority of Regional Councils, if any, withinthe district, shall have the power to assess andcollect revenue in respect of such lands inaccordance with the principles for the timebeing followed by the Government of the Statein assessing lands for the purpose of landrevenue in the State generally.

(2) The Regional Council for an autonomousregion in respect of areas within such regionand the District Council for an autonomousdistrict in respect of all areas in the districtexcept those which are under the authority ofRegional Councils, if any, within the district,shall have power to levy and collect taxes onlands and buildings, and tolls on personsresident within such areas.

(3) The District Council for an autonomousdistrict shall have the power to levy andcollect all or any of the following taxes withinsuch district, that is to say —

(a) taxes on professions, trades, callings andemployments;

(b) taxes on animals, vehicles and boats;


(c) taxes on the entry of goods into a marketfor sale therein, and tolls on passengersand goods carried in ferries; and

(d) taxes for the maintenance of schools,dispensaries or roads.

(4) A Regional Council or District Council, as thecase may be, may make regulations toprovide for the levy and collection of any ofthe taxes specified in sub-paragraphs (2) and(3) of this paragraph and every suchregulation shall be submitted forthwith to theGovernor and, until assented to by him, shallhave no effect.

Licences or leases for the purpose of

prospecting for, or extraction of,

minerals

(1) Such share of the royalties accruing each yearfrom licences or leases for the purpose ofprospecting for, or the extraction of, mineralsgranted by the Government of the State inrespect of any area within an autonomousdistrict as may be agreed upon between theGovernment of the State and the DistrictCouncil of such district shall be made over tothat District Council.

(2) If any dispute arises as to the share of suchroyalties to be made over to a District Council,it shall be referred to the Governor fordetermination and the amount determined bythe Governor in his discretion shall bedeemed to be the amount payable under sub-paragraph (1) of this paragraph to the DistrictCouncil and the decision of the Governorshall be final.

Power of District Council to makeregulations for the control of money-

lending and trading by non-tribals

(1) The District Council of an autonomousdistrict may make regulations for theregulation and control of money-lending ortrading within the district by persons otherthan Scheduled Tribes resident in the district.

(2) In particular and without prejudice to thegenerality of the foregoing power, suchregulations may—

(a) prescribe that no one except the holder ofa licence issued in that behalf shall carryon the business of money-lending;

(b) prescribe the maximum rate of interestwhich may be charged or be recovered bya money-lender;

(c) provide for the maintenance of accountsby money-lenders and for the inspectionof such accounts by officers appointed inthat behalf by the District Council;

(d) prescribe that no person who is not amember of the Scheduled Tribes residentin the district shall carry on wholesale orretail business in any commodity exceptunder a licence issued in that behalf bythe District Council :

Provided that no regulations may be made underthis paragraph unless they are passed by a majority ofnot less than three-fourths of the total membership ofthe District Council:

Provided further that it shall not be competentunder any such regulations to refuse the grant of alicence to a money-lender or a trader who has beencarrying on business within the district since beforethe time of the making of such regulations.

(3) All regulations made under this paragraphshall be submitted forthwith to the Governorand, until assented to by him, shall have noeffect.

Publication of laws, rules and

regulations made under the Schedule.

All laws, rules and regulations made under thisSchedule by a District Council or a Regional Councilshall be published forthwith in the Official Gazette ofthe State and shall on such publication have the forceof law.

Application of Acts of Parliament and of

the Legislature of the State of Assam to

autonomous districts and autonomous

regions in the State of Assam.

(1) Notwithstanding anything in thisConstitution

(a) no Act of the Legislature of the State of


Assam in respect of any of the mattersspecified in paragraph 3 of this Scheduleas matters with respect to which aDistrict Council or a Regional Councilmay make laws, and no Act of theLegislature of the State of Assamprohibiting or restricting theconsumption of any non-distilledalcoholic liquor shall apply to anyautonomous district or autonomousregion in that State unless in either casethe District Council for such district orhaving jurisdiction over such region bypublic notification so directs, and theDistrict Council in giving such directionwith respect to any Act may direct thatthe Act shall in its application to suchdistrict or region or any part thereof haveeffect subject to such exceptions ormodifications as it thinks fit;

(b) the Governor may, by public notification,direct that any Act of Parliament or of theLegislature of the State of Assam to whichthe provisions of clause (a) of this sub-paragraph do not apply shall not apply toan autonomous district or an autonomousregion in that State, or shall apply to suchdistrict or region or any part thereofsubject to such exceptions or modificationsas he may specify in the notification.

(2) Any direction given under sub-paragraph (1) ofthis paragraph may be given so as to haveretrospective effect.

12A. Application of Acts of Parliament and of theLegislature of the State of Meghalaya toautonomous districts and autonomous regionsin the State of Meghalaya.—Notwithstandinganything in this Constitution,

(a) if any provision of a law made by aDistrict or Regional Council in the State ofMeghalaya with respect to any matterspecified in sub-paragraph (1) ofparagraph 3 of this Schedule or if anyprovision of any regulation made by aDistrict Council or a Regional Council inthat State under paragraph 8 orparagraph 10 of this Schedule, isrepugnant to any provision of a law madeby the Legislature of the State ofMeghalaya with respect to that matter,then, the law or regulation made by theDistrict Council or, as the case may be,

the Regional Council whether madebefore or after the law made by theLegislature of the State of Meghalaya,shall, to the extent of repugnancy, be voidand the law made by the Legislature ofthe State of Meghalaya shall prevail;

(b) the President may, with respect to anyAct of Parliament, by notification, directthat it shall not apply to an autonomousdistrict or an autonomous region in theState of Meghalaya, or shall apply to suchdistrict or region or any part thereofsubject to such exceptions ormodifications as he may specify in thenotification and any such direction maybe given so as to have retrospective effect.

12AA. Application of Acts of Parliament and ofthe Legislature of the State of Tripura tothe autonomous districts andautonomous regions in the State ofTripura.—Notwithstanding anything inthis Constitution,—

(a) no Act of the Legislature of the State ofTripura in respect of any of the mattersspecified in paragraph 3 of this Scheduleas matters with respect to which a DistrictCouncil or a Regional Council may makelaws, and no Act of the Legislature of theState of Tripura prohibiting or restrictingthe consumption of any non-distilledalcoholic liquor shall apply to theautonomous district or an autonomousregion in that State unless, in either case,the District Council for that district orhaving jurisdiction over such region bypublic notification so directs, and theDistrict Council in giving such directionwith respect to any Act may direct thatthe Act shall, in its application to thatdistrict or such region or any part thereof,have effect subject to such exceptions ormodifications as it thinks fit;

(b) the Governor may, by public notification,direct that any Act of the Legislature ofthe State of Tripura to which theprovisions of clause (a) of this sub-paragraph do not apply, shall not apply tothe autonomous district or anyautonomous region in that State, or shallapply to that district or such region, orany part thereof, subject to suchexceptions or modifications, as he may


specify in the notification;

(c) the President may, with respect to anyAct of Parliament, by notification, directthat it shall not apply to the autonomousdistrict or an autonomous region in theState of Tripura, or shall apply to suchdistrict or region or any part thereof,subject to such exceptions ormodifications as he may specify in thenotification and any such direction maybe given so as to have retrospective effect.

12B. Application of Acts of Parliament and of theLegislature of the State of Mizoram toautonomous districts and autonomous regionsin the State of Mizoram.—Notwithstandinganything in this Constitution,

(a) no Act of the Legislature of the State ofMizoram in respect of any of the mattersspecified in paragraph 3 of this Scheduleas matters with respect to which a DistrictCouncil or a Regional Council may makelaws, and no Act of the Legislature of theState of Mizoram prohibiting orrestricting the consumption of any non-distilled alcoholic liquor shall apply toany autonomous district or autonomousregion in that State unless, in either case,the District Council for such district orhaving jurisdiction over such region, bypublic notification, so directs, and theDistrict Council, in giving such directionwith respect to any Act, may direct thatthe Act shall, in its application to suchdistrict or region or any part thereof, haveeffect subject to such exceptions ormodifications as it thinks fit;

(b) the Governor may, by public notification,direct that any Act of the Legislature ofthe State of Mizoram to which theprovisions of clause (a) of this sub-paragraph do not apply, shall not applyto an autonomous district or anautonomous region in that State, or shallapply to such district or region, or anypart thereof, subject to such exceptions ormodifications, as he may specify in thenotification;

(c) the President may, with respect to any

Act of Parliament, by notification, directthat it shall not apply to an autonomousdistrict or an autonomous region in theState of Mizoram, or shall apply to suchdistrict or region or any part thereof,subject to such exceptions ormodifications as he may specify in thenotification and any such direction maybe given so as to have retrospectiveeffect.

Estimated receipts and expenditure

pertaining to autonomous districts to be

shown separately in the annual

financial statement.

The estimated receipts and expenditure pertaining toan autonomous district which are to be credited to, oris to be made from, the Consolidated Fund of the Stateshall be first placed before the District Council fordiscussion and then after such discussion be shownseparately in the annual financial statement of theState to be laid before the Legislature of the Stateunder article 202.

Appointment of Commission to inquire

into and report on the administration of

autonomous districts and autonomous

regions

(1) The Governor may at any time appoint aCommission to examine and report on anymatter specified by him relating to theadministration of the autonomous districtsand autonomous regions in the State,including matters specified in clauses (c), (d),(e) and (f) of sub-paragraph (3) of paragraph 1of this Schedule, or may appoint aCommission to inquire into and report fromtime to time on the administration ofautonomous districts and autonomousregions in the State generally and in particularon—

(a) the provision of educational and medicalfacilities and communications in suchdistricts and regions;

(b) the need for any new or speciallegislation in respect of such districts andregions; and


(c) the administration of the laws, rules andregulations made by the District andRegional Councils;and define the procedure to be followedby such Commission.

(2) The report of every such Commission withthe recommendations of the Governor withrespect thereto shall be laid before theLegislature of the State by the Ministerconcerned together with an explanatorymemorandum regarding the action proposedto be taken thereon by the Government of theState.

(3) In allocating the business of the Governmentof the State among his Ministers the Governormay place one of his Ministers specially incharge of the welfare of the autonomousdistricts and autonomous regions in the State.

Annulment or suspension of acts and

resolutions of District and Regional

Councils

(1) If at any time the Governor is satisfied that anact or resolution of a District or a RegionalCouncil is likely to endanger the safety ofIndia or is likely to be prejudicial to publicorder, he may annul or suspend such act orresolution and take such steps as he mayconsider necessary (including the suspensionof the Council and the assumption to himselfof all or any of the powers vested in orexercisable by the Council) to prevent thecommission or continuance of such act, or thegiving of effect to such resolution.

(2) Any order made by the Governor under sub-paragraph (1) of this paragraph together withthe reasons therefor shall be laid before theLegislature of the State as soon as possibleand the order shall, unless revoked by theLegislature of the State, continue in force for aperiod of twelve months from the date onwhich it was so made: Provided that if and so often as a resolutionapproving the continuance in force of suchorder is passed by the Legislature of the State,the order shall unless cancelled by theGovernor continue in force for a furtherperiod of twelve months from the date onwhich under this paragraph it wouldotherwise have ceased to operate.

Dissolution of a District or a

Regional Council

(1) The Governor may on the recommendation ofa Commission appointed under paragraph 14of this Schedule by public notification orderthe dissolution of a District or a RegionalCouncil, and

(a) direct that a fresh general election shall beheld immediately for the reconstitutionof the Council, or

(b) subject to the previous approval of theLegislature of the State assume theadministration of the area under theauthority of such Council himself or placethe administration of such area under theCommission appointed under the saidparagraph or any other body consideredsuitable by him for a period notexceeding twelve months:

Provided that when an order under clause (a) of thisparagraph has been made, the Governor may take theaction referred to in clause (b) of this paragraph withregard to the administration of the area in questionpending the reconstitution of the Council on freshgeneral election:

Provided further that no action shall be taken underclause (b) of this paragraph without giving the Districtor the Regional Council, as the case may be, anopportunity of placing its views before the Legislatureof the State.

(2) If at any time the Governor is satisfied that asituation has arisen in which theadministration of an autonomous district orregion cannot be carried on in accordancewith the provisions of this Schedule, he may,by public notification, assume to himself all orany of the functions or powers vested in orexercisable by the District Council or, as thecase may be, the Regional Council anddeclare that such functions or powers shall beexercisable by such person or authority as hemay specify in this behalf, for a period notexceeding six months:

Provided that the Governor may by a further orderor orders extend the operation of the initial orderby a period not exceeding six months on eachoccasion.


(3) Every order made under sub-paragraph (2) ofthis paragraph with the reasons therefor shallbe laid before the Legislature of the State andshall cease to operate at the expiration ofthirty days from the date on which the StateLegislature first sits after the issue of theorder, unless, before the expiry of that periodit has been approved by that StateLegislature.

Exclusion of areas from autonomous

districts in forming constituencies in

such districts.

For the purposes of elections to the LegislativeAssembly of Assam or Meghalaya or Tripura orMizoram, the Governor may by order declare that anyarea within an autonomous district in the State ofAssam or Meghalaya or Tripura or Mizoram, as thecase may be, shall not form part of any constituency tofill a seat or seats in the Assembly reserved for anysuch district but shall form part of a constituency tofill a seat or seats in the Assembly not so reserved tobe specified in the order.

Transitional provisions

(1) As soon as possible after the commencementof this Constitution the Governor shall takesteps for the constitution of a District Councilfor each autonomous district in the Stateunder this Schedule and, until a DistrictCouncil is so constituted for an autonomousdistrict, the administration of such districtshall be vested in the Governor and thefollowing provisions shall apply to theadministration of the areas within suchdistrict instead of the foregoing provisions ofthis Schedule, namely:

(a) no Act of Parliament or of the Legislatureof the State shall apply to any such areaunless the Governor by publicnotification so directs; and the Governorin giving such a direction with respect toany Act may direct that the Act shall, inits application to the area or to anyspecified part thereof, have effect subjectto such exceptions or modifications as hethinks fit;

(b) the Governor may make regulations forthe peace and good government of anysuch area and any regulations so mademay repeal or amend any Act of

Parliament or of the Legislature of theState or any existing law which is for thetime being applicable to such area.

(2) Any direction given by the Governor underclause (a) of sub-paragraph (1) of thisparagraph may be given so as to haveretrospective effect.

(3) All regulations made under clause (b) of sub-paragraph (1) of this paragraph shall besubmitted forthwith to the President and,until assented to by him, shall have no effect.

Tribal areas

(1) The areas specified in Parts I, II, IIA and III ofthe table below shall respectively be the tribalareas within the State of Assam, the State ofMeghalaya, the State of Tripura and the Stateof Mizoram.

(2) Any reference in Part I, Part II or Part III of thetable below to any district shall be construed asa reference to the territories comprised withinthe autonomous district of that name existingimmediately before the day appointed underclause (b) of section 2 of the North-EasternAreas (Reorganisation) Act, 1971:

Provided that for the purposes of clauses (e) and (f)of sub-paragraph (1) of paragraph 3, paragraph 4,paragraph 5, paragraph 6, sub-paragraph (2), clauses(a), (b) and (d) of sub-paragraph

(3) and sub-paragraph (4) of paragraph 8 andclause (d) of sub-paragraph (2) of paragraph10 of this Schedule, no part of the areacomprised within the municipality ofShillong shall be deemed to be within theKhasi Hills District.

(4) The reference in Part IIA in the table below tothe "Tripura Tribal Areas District" shall beconstrued as a reference to the territorycomprising the tribal areas specified in theFirst Schedule to the Tripura Tribal AreasAutonomous District Council Act, 1979.

TABLE

PART I

1. The North Cachar Hills District.

2. The Karbi Anglong District.


3. The Bodoland Territorial Areas District.

PART II

1. Khasi Hills District.

2. Jaintia Hills District.

3. The Garo Hills District.

PART IIA

Tripura Tribal Areas District

PART III

1. The Chakma District.

2. The Mara District.

3. The Lai District.

20A. Dissolution of the Mizo District Council

(1) Notwithstanding anything in this Schedule,the District Council of the Mizo Districtexisting immediately before the prescribeddate (hereinafter referred to as the MizoDistrict Council) shall stand dissolved andcease to exist.

(2) The Administrator of the Union territory ofMizoram may, by one or more orders,provide for all or any of the followingmatters, namely:—

(a) the transfer, in whole or in part, of theassets, rights and liabilities of the MizoDistrict Council (including the rights andliabilities under any contract made by it) tothe Union or to any other authority;

(b) the substitution of the Union or any otherauthority for the Mizo District Council, orthe addition of the Union or any otherauthority, as a party to any legalproceedings to which the Mizo DistrictCouncil is a party;

(c) the transfer or re-employment of anyemployees of the Mizo District Council toor by the Union or any other authority,the terms and conditions of serviceapplicable to such employees after suchtransfer or re-employment;

(d) the continuance of any laws, made by theMizo District Council and in forceimmediately before its dissolution,subject to such adaptations andmodifications, whether by way of repealor amendment, as the Administrator maymake in this behalf, until such laws arealtered, repealed or amended by acompetent Legislature or othercompetent authority;

(e) such incidental, consequential andsupplementary matters as theAdministrator considers necessary.Explanation.—In this paragraph and inparagraph 20B of this Schedule, theexpression "prescribed date" means thedate on which the Legislative Assemblyof the Union territory of Mizoram is dulyconstituted under and in accordance withthe provisions of the Government ofUnion Territories Act, 1963.

20B. Autonomous regions in the Union territory ofMizoram to be autonomous districts andtransitory provisions consequent thereto

(1) Notwithstanding anything in this Schedule,

(a) every autonomous region existingimmediately before the prescribed date inthe Union territory of Mizoram shall, onand from that date, be an autonomousdistrict in that Union territory (hereafterreferred to as the corresponding newdistrict) and the Administrator thereofmay, by one or more orders, direct thatsuch consequential amendments as arenecessary to give effect to the provisionsof this clause shall be made in paragraph20 of this Schedule (including Part III ofthe table appended to that paragraph)and thereupon the said paragraph andthe said Part III shall be deemed to havebeen amended accordingly;

(b) every Regional Council of an autonomousregion in the Union territory of Mizoramexisting immediately before theprescribed date (hereafter referred to asthe existing Regional Council) shall, onand from that date and until a DistrictCouncil is duly constituted for thecorresponding new district, be deemed tobe the District Council of that district(hereafter referred to as the correspondingnew District Council).


(2) Every member whether elected or nominatedof an existing Regional Council shall bedeemed to have been elected or, as the casemay be, nominated to the corresponding newDistrict Council and shall hold office until aDistrict Council is duly constituted for thecorresponding new district under thisSchedule.

(3) Until rules are made under sub-paragraph (7)of paragraph 2 and sub-paragraph (4) ofparagraph 4 of this Schedule by thecorresponding new District Council, the rulesmade under the said provisions by theexisting Regional Council and in forceimmediately before the prescribed date shallhave effect in relation to the correspondingnew District Council subject to suchadaptations and modifications as may bemade therein by the Administrator of theUnion territory of Mizoram.

(4) The Administrator of the Union territory ofMizoram may, by one or more orders,provide for all or any of the followingmatters, namely:—

(a) the transfer in whole or in part of the assets,rights and liabilities of the existing RegionalCouncil (including the rights and liabilitiesunder any contract made by it) to thecorresponding new District Council;

(b) the substitution of the corresponding newDistrict Council for the existing RegionalCouncil as a party to the legalproceedings to which the existingRegional Council is a party;

(c) the transfer or re-employment of anyemployees of the existing RegionalCouncil to or by the corresponding newDistrict Council, the terms and conditionsof service applicable to such employeesafter such transfer or re-employment;

(d) the continuance of any laws made by theexisting Regional Council and in forceimmediately before the prescribed date,subject to such adaptations andmodifications, whether by way of repeal

or amendment, as the Administrator maymake in this behalf until such laws arealtered, repealed or amended by acompetent Legislature or othercompetent authority;

(e) such incidental, consequential andsupplementary matters as theAdministrator considers necessary.

20C. Interpretation.-Subject to any provision madein this behalf, the provisions of this Scheduleshall, in their application to the Unionterritory of Mizoram, have effect-

(1) as if references to the Governor andGovernment of the State were references tothe Administrator of the Union territoryappointed under article 239, references toState (except in the expression "Governmentof the State") were references to the Unionterritory of Mizoram and references to theState Legislature were references to theLegislative Assembly of the Union territory ofMizoram;

(2) as if

(a) in sub-paragraph (5) of paragraph 4, theprovision for consultation with theGovernment of the State concerned hadbeen omitted;

(b) in sub-paragraph (2) of paragraph 6, forthe words "to which the executive powerof the State extends", the words "withrespect to which the LegislativeAssembly of the Union territory ofMizoram has power to make laws" hadbeen substituted;

(c) in paragraph 13, the words and figures"under article 202" had been omitted.

Amendment of the Schedule

(1) Parliament may from time to time by lawamend by way of addition, variation or repealany of the provisions of this Schedule and,when the Schedule is so amended, anyreference to this Schedule in this Constitution


shall be construed as a reference to suchSchedule as so amended.

(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall bedeemed to be an amendment of thisConstitution for the purposes of artic

Endnotes

[1] Paragraph 1 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 2003 (44 of 2003),s. 2 , so as to insert thefollowing provison after sub-paragraph (2),namely: "Provided that nothing in this sub-paragraph shall apply to the BodolandTerritorial Areas District."\

[2] Paragraph 2 has been amended in itsapplication to the State of Assam by s. 2,ibid.,so as to insert the following proviso after sub-paragraph (1), namely: - "Provided that theBodoland Territorial Council shall consist ofnot more than forty-six members of whomforty shall be elected on the basis of adultsuffrage, of whom thirty shall be reserved forthe Scheduled Tribes, five for non-tribalcommunities, five open for all communitiesand the remaining six shall be nominated bythe Governor having same rights andprivileges as other members, including votingrights, from amongst the un-representedcommunities of the Bodoland TerritorialAreas District, of which at least two shall bewomen." *Paragraph 2 has been amended inits application to the State of Assam by theSixth Schedule to the Constitution(Amendment) Act, 1995 (42 of 1995), s.2 so asto insert the following proviso after sub-paragraph (3), namely,- "Provided that theDistrict Council constituted for the NorthCachar Hills District shall be called as theNorth Cachar Hills Autonomous Council andthe District Council constituted for the KarbiAnglong District shall be called as the KarbiAnglong Autonomous Council." *Paragraph 2has been amended in its application to theState of Assam by the Sixth Schedule to theConstitution (Amendment) Act, 2003 (44 of2003)s. 2 , so as to insert the following provisoafter the proviso in sub-paragraph (3),namely: - "Provided further that the DistrictCouncil constituted for the BodolandTerritorial Areas District shall be called theBodoland Territorial Council."

[3] Paragraph 3 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 2003 (44 of 2003), s. 2 , so as to substitutesub-paragraph (3) as under, "(3) Save asotherwise provided in sub-paragraph (2) ofparagraph 3A or sub-paragraph (2) ofparagraph 3B, all laws made under thisparagraph or sub-paragraph (1) of paragraph3A or sub-paragraph (1) of paragraph 3B shallbe submitted forthwith to the Governor and,until assented to by him, shall have no effect."

After paragraph 3, the following paragraph hasbeen inserted in its application to the State of Assamby the Sixth Schedule to the Constitution(Amendment) Act, 1995 (42 of 1995), s.2 , namely:

"3A. Additional powers of the North Cachar HillsAutonomous Council and the Karbi AnglongAutonomous Council to make laws.-(1)Without prejudice to the provisions ofparagraph 3, the North Cachar HillsAutonomous Council and the Karbi AnglongAutonomous Council within their respectivedistricts, shall have power to make laws withrespect to-

(a) industries, subject to the provisions ofentries 7 and 52 of List I of the SeventhSchedule;

(b) communications, that is to say, roads,bridges, ferries and other means ofcommunication not specified in List I ofthe Seventh Schedule; municipaltramways, ropeways, inland waterwaysand traffic thereon subject to theprovisions of List I and List III of theSeventh Schedule with regard to suchwaterways; vehicles other thanmechanically propelled vehicles;

(c) preservation, protection andimprovement of stock and prevention ofanimal diseases; veterinary training andpractice; cattle pounds;

(d) primary and secondary education;

(e) agriculture, including agriculturaleducation and research, protectionagainst pests and prevention of plantdiseases;


(f) fisheries;

(g) water, that is to say, water supplies,irrigation and canals, drainage andembankments, water storage and waterpower subject to the provisions of entry56 of List I of the Seventh Schedule;

(h) social security and social insurance;employment and unemployment;

(i) flood control schemes for protection ofvillages, paddy fields, markets, towns,etc. (not of technical nature);

(j) theatre and dramatic performances,cinemas subject to the provisions of entry60 of List I of the Seventh Schedule; sportsentertainments and amusements;

(k) public health and sanitation, hospitalsand dispensaries;

(l) minor irrigation;

(m) trade and commerce in, and theproduction supply and distribution of,food stuffs, cattle fodder, raw cotton andraw jute;

(n) libraries, museums and other similarInstitutions controlled or financed by theState; ancient and historical monumentsand records other than those declared byor under any law made by Parliament tobe of national importance; and

(o) alienation of land.

(2) All laws made by the North Cachar HillsAutonomous Council and the Karbi AnglongAutonomous Council under paragraph 3 orunder this paragraph shall, in so far as theyrelate to matters specified in List III of theSeventh Schedule, be submitted forthwith tothe Governor who shall reserve the same forthe consideration of the President.

(3) When a law is reserved for the considerationof the President, the President shall declareeither that he assents to the said law or that hewithholds assent therefrom:

Provided that the President may direct theGovernor to return the law to the North Cachar HillsAutonomous Council or the Karbi Anglong

Autonomous Council, as the case may be, togetherwith a message requesting that the said Council willreconsider the law or any specified provisions thereofand, in particular, will, consider the desirability ofintroducing any such amendments as he mayrecommend in his message and, when the law is soreturned, the said Council shall consider the lawaccordingly within a period of six months from thedate of receipt of such message and, if the law is againpassed by the said Council with or withoutamendment it shall be presented again to thePresident for his consideration.".

*After paragraph 3A, the following paragraph hasbeen inserted in its application to the State of Assamby the Sixth Schedule to the Constitution(Amendment) Act, 2003, (44 0f 2003), s. 2 , namely: -

"3B. Additional powers of the BodolandTerritorial Council to make laws.-(1) Withoutprejudice to the provisions of paragraph 3,the Bodoland Territorial Council within itsareas shall have power to make laws withrespect to :- (i) Agriculture, includingagricultural education and research,protection against pests and prevention ofplant diseases; (ii) Animal husbandry andveterinary, that is to say, preservation,protection and improvement of stock andprevention of animal diseases, veterinarytraining and practice, cattle pounds; (iii) Co-operation; (iv) Cultural affairs; (v) Education,that is to say, primary education, highersecondary including vocational training,adult education, college education (general);(vi) Fisheries; (vii) Flood control forprotection of village, paddy fields, marketsand towns (not of technical nature); (viii)Food and civil supply; (ix) Forests (other thanreserved forests); (x) Handloom and textile;(xi) Health and family welfare, (xii)Intoxicating liquors, opium and derivatives,subject to the provisions of entry 84 of List I ofthe Seventh Schedule; (xiii) Irrigation; (xiv)Labour and employment; (xv) Land andRevenue; (xvi) Library services (financed andcontrolled by the State Government); (xvii)Lotteries (subject to the provisions of entry 40of List I of the Seventh Schedule), theatres,dramatic performances and cinemas (subjectto the provisions of entry 60 of List I of theSeventh Schedule); (xviii) Markets and fairs;(xix) Municipal corporation, improvementtrust, district boards and other localauthorities; (xx) Museum and archaeologyinstitutions controlled or financed by the


State, ancient and historical monuments and recordsother than those declared by or under any law madeby Parliament to be of national importance; (xxi)Panchayat and rural development; (xxii) Planning anddevelopment; (xxiii) Printing and stationery; (xxiv)Pubic health engineering; (xxv) Public worksdepartment; (xxvi) Publicity and public relations;(xxvii) Registration of births and deaths; (xxviii) Reliefand rehabilitation; (xxix) Sericulture; (xxx) Small,cottage and rural industry subject to the provisions ofentries 7 and 52 of List I of the Seventh Schedule;(xxxi) Social Welfare; (xxxii) Soil conservation; (xxxiii)Sports and youth welfare; (xxxiv) Statistics; (xxxv)Tourism; (xxxvi) Transport (roads, bridges, ferriesand other means of communications not specified inList I of the Seventh Schedule, municipal tramways,ropeways, inland waterways and traffic thereonsubject to the provision of List I and List III of theSeventh Schedule with regard to such waterways,vehicles other than mechanically propelled vehicles);(xxxvii) Tribal research institute controlled andfinanced by the State Government; (xxxviii) Urbandevelopment-town and country planning; (xxxix)Weights and measures subject to the provisions ofentry 50 of List I of the Seventh Schedule; and (xl)Welfare of plain tribes and backward classes:

Provided that nothing in such laws shall--

(a) extinguish or modify the existing rightsand privileges of any citizen in respect ofhis land at the date of commencement ofthis Act; and

(b) disallow and citizen from acquiring landeither by way of inheritance, allotment,settlement or by any other way of transferif such citizen is otherwise eligible forsuch acquisition of land within theBodoland Territorial Areas District.

(2) All laws made under paragraph 3 or underthis paragraph shall in so far as they relate tomatters specified in List III of the SeventhSchedule, be submitted forthwith to theGovernor who shall reserve the same for theconsideration of the President.


Provided that the President may direct theGovernor to return the law to the Bodoland TerritorialCouncil, together with the message requesting that

the said Council will reconsider the law or anyspecified provisions thereof and, in particular, willconsider the desirability of introducing any suchamendments as he may recommend in his messageand, when the law is so returned, the said Councilshall consider the law accordingly within a period ofsix month from the date of receipt of such messageand, if the law is again passéd by the said Councilwith or without amendments it shall be presentedagain to the President for his consideration."

[4] Paragraph 4 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 2003 (44 of 2003), s. 2 , so as to insert thefollowing sub-paragraph after sub-paragraph(5), namely: -

"(6) Nothing in this paragraph shall apply to theBodoland Territorial Council constitutedunder the proviso to sub-paragraph (3) ofparagraph 2 of this Schedule."

[5] See now the Code of Criminal Procedure,1973 (Act 2 of 1974).

[6] Paragraph 9 has been amended in itsapplication to the States of Tripura andMizoram by the Sixth Schedule to theConstitution (Amendment) Act, 1988 (67 of1988), s.2, so as to insert the following sub-paragraph after sub-paragraph (2), namely:-

"(3) The Governor may, by order, direct that theshare of royalties to be made over to a DistrictCouncil under this paragraph shall be madeover to that Council within a period of oneyear from the date of any agreement undersub-paragraph (1) or, as the case may be, ofany determination under sub-paragraph (2).".

[7] Paragraph 10 has been amended in itsapplication to the States of Tripura andMizoram by the Sixth Schedule to theConstitution (Amendment) Act, 1988 (67 of1988), s.2, as under-

(a) in the heading, the words "by non-tribals"shall be omitted;

(b) in sub-paragraph (1), the words "otherthan Scheduled Tribes" shall be omitted;

(c) in sub-paragraph (2), for clause (d), thefollowing clause shall be substituted,namely:-


(d) prescribe that no person resident in thedistrict shall carry on any trade, whetherwholesale or retail, except under a licenceissued in that behalf by the DistrictCouncil.".

*Paragraph 10 has been amended in its applicationto the State of Assam by the Sixth Schedule to theConstitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the following sub-paragraph after sub-paragraph (3), namely:


[7] Paragraph 12 has been amended to itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 1995 (42 of 1995), s.2, as under,-

'in paragraph 12, in sub-paragraph (1), for thewords and figure "matters specified in paragraph 3 ofthis Schedule", the words, figures and letter "mattersspecified in paragraph 3 or paragraph 3A of thisSchedule" shall be substituted.';

Paragraph 12 has been amended in its applicationto the State of Assam by the Sixth Schedule to theConstitution (Amendment) Act, 2003 (44 of 2003), s. 2,as under, -

in paragraph 12, in sub-paragraph (1), in clause (a),for the words, figures and letter "matters specified inparagraph 3 or paragraph 3A of this Schedule", thewords, figures and letter "matters specified inparagraph 3 or paragraph 3A or paragraph 3B of thisSchedule" shall be substituted.

[8] Paragraph 14 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 1995 (42 of 1995) , s. 2, as under,-

In paragraph 14 , in sub-paragraph (2), the words"with the recommendations of the Governor withrespect thereto" shall be omitted.

[9] Paragraph 15 has been amended in itsapplication to the States of Tripura andMizoram by the Sixth Schedule to theConstitution (Amendment) Act, 1988 (67 of1988), s. 2, as under,-

(a) in the opening paragraph, for the words

"by the Legislature of the State", thewords "by him" shall be substituted;

(b) the proviso shall be omitted.

[10] Paragraph 16 has been amended in itsapplication to the States of Tripura andMizoram by s. 2, ibid., as under,-

(a) in sub-paragraph (1), the words "subject tothe previous approval of the Legislature ofthe State" occurring in clause (b), and thesecond proviso shall be omitted;

(b) for sub-paragraph (3), the following sub-graph shall be substituted, namely:

"(3) Every order made under sub-paragraph (1) orsub-paragraph (2) of this paragraph, alongwith the reasons therefor shall be laid beforethe Legislature of the State."'.

[11] Paragraph 17 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 2003 (44 of 2003), s. 2 , so as to insert thefollowing proviso, namely: -

"Provided that nothing in this paragraph shall applyto the Bodoland Territorial Areas District."

[12] Paragraph 19 has been amended in itsapplication to the State of Assam by s. 2 , ibid.,so as to insert the following sub-paragraphafter sub-paragraph (3), namely: -

"(4) As soon as possible after the commencementof this Act, and Interim Executive Council forBodoland Territorial Areas District in Assamshall be formed by the Governor fromamongst leaders of the Bodo movement,including the signatories to theMemorandum of Settlement, and shallprovide adequate representation to the non-tribal communities in that area:

Provided that Interim Council shall be for a periodof six months during which endeavour to hold theelection to the Council shall be made.

Explanation.---For the purposes of this sub-paragraph, the expression "Memorandum ofSettlement" means the Memorandum signed onthe 10th day of February, 2003 betweenGovernment of India, Government of Assam andBodo Liberation Tigres."


[13] After paragraph 20B, the following paragraphhas been inserted in its application to the Stateof Assam by the Sixth Schedule to theConstitution (Amendment) Act, 1995 (42 of1995), s. 2, namely:-

"20BA. Exercise of discretionary powers by theGovernor in the discharge of hisfunctions.-The Governor in the dischargeof his functions under sub-paragraphs (2)and (3) of paragraph 1, sub-paragraphs(1), (6), sub-paragraph (6A) excluding thefirst proviso and sub-paragraph (7) ofparagraph 2, sub-paragraph (3) ofparagraph 3, sub-paragraph (4) ofparagraph 4, paragraph 5, sub-paragraph(1) of paragraph 6, sub-paragraph (2) ofparagraph 7, sub-paragraph (4) ofparagraph 8, sub-paragraph (3) ofparagraph 9, sub-paragraph (3) ofparagraph 10, sub-paragraph (1) ofparagraph 14, sub-paragraph (1) ofparagraph 15 and sub-paragraphs (1) and(2) of paragraph 16 of this Schedule, shall,after consulting the Council of Ministersand the North Cachar Hills AutonomousCouncil or the Karbi AnglongAutonomous Council, as the case may be,take such action as he considers necessaryin his discretion."

[14] After paragraph 20B, the followingparagraph has been inserted in itsapplication to the States of Tripura andMizoram, by the Sixth Schedule to theConstitution (Amendment) Act, 1988 (67 of1988), s. 2, namely:-

"20BB. Exercise of discretionary powers by theGovernor in the discharge of hisfunctions.-The Governor, in the dischargeof his functions under sub-paragraphs (2)and (3) of paragraph 1, sub-paragraphs(1) and (7) of paragraph 2, sub-paragraph(3) of paragraph 3, sub-paragraph (4) ofparagraph 4, paragraph 5, sub-paragraph(1) of paragraph 6, sub-paragraph (2) ofparagraph 7, sub- paragraph (3) ofparagraph 9, sub-paragraph (1) ofparagraph 14, sub-paragraph (1) ofparagraph 15 and sub-paragraphs (1) and(2) of paragraph 16 of this Schedule, shall,after consulting the Council of Ministers,and if he thinks it necessary, the DistrictCouncil or the Regional Council

concerned, take such action as heconsiders necessary in his discretion."

End notes

[1] Paragraph 1 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 2003 (44 of 2003),s. 2 , so as to insert thefollowing proviso after sub-paragraph (2),namely: "Provided that nothing in this sub-paragraph shall apply to the BodolandTerritorial Areas District."\

[2] Paragraph 2 has been amended in itsapplication to the State of Assam by s. 2,ibid.,so as to insert the following proviso after sub-paragraph (1), namely: - "Provided that theBodoland Territorial Council shall consist ofnot more than forty-six members of whomforty shall be elected on the basis of adultsuffrage, of whom thirty shall be reserved forthe Scheduled Tribes, five for non-tribalcommunities, five open for all communitiesand the remaining six shall be nominated bythe Governor having same rights andprivileges as other members, including votingrights, from amongst the un-representedcommunities of the Bodoland TerritorialAreas District, of which at least two shall bewomen." *Paragraph 2 has been amended inits application to the State of Assam by theSixth Schedule to the Constitution(Amendment) Act, 1995 (42 of 1995), s.2 so asto insert the following proviso after sub-paragraph (3), namely,- "Provided that theDistrict Council constituted for the NorthCachar Hills District shall be called as theNorth Cachar Hills Autonomous Council andthe District Council constituted for the KarbiAnglong District shall be called as the KarbiAnglong Autonomous Council." *Paragraph 2has been amended in its application to theState of Assam by the Sixth Schedule to theConstitution (Amendment) Act, 2003 (44 of2003)s. 2 , so as to insert the following provisoafter the proviso in sub-paragraph (3),namely: - "Provided further that the DistrictCouncil constituted for the BodolandTerritorial Areas District shall be called theBodoland Territorial Council."

[3] Paragraph 3 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)


Act, 2003 (44 of 2003), s. 2 , so as to substitute sub-paragraph (3) as under, "(3) Save as otherwise providedin sub-paragraph (2) of paragraph 3A or sub-paragraph(2) of paragraph 3B , all laws made under thisparagraph or sub-paragraph (1) of paragraph 3A orsub-paragraph (1) of paragraph 3B shall be submittedforthwith to the Governor and, until assented to by him,shall have no effect."

After paragraph 3, the following paragraph hasbeen inserted in its application to the State of Assamby the Sixth Schedule to the Constitution(Amendment) Act, 1995 (42 of 1995), s.2 , namely:

"3A. Additional powers of the North Cachar HillsAutonomous Council and the Karbi AnglongAutonomous Council to make laws.-(1)Without prejudice to the provisions ofparagraph 3, the North Cachar HillsAutonomous Council and the Karbi AnglongAutonomous Council within their respectivedistricts, shall have power to make laws withrespect to-

(a) industries, subject to the provisions ofentries 7 and 52 of List I of the SeventhSchedule;

(b) communications, that is to say, roads,bridges, ferries and other means ofcommunication not specified in List I ofthe Seventh Schedule; municipaltramways, ropeways, inland waterwaysand traffic thereon subject to theprovisions of List I and List III of theSeventh Schedule with regard to suchwaterways; vehicles other thanmechanically propelled vehicles;

(c) preservation, protection and improvementof stock and prevention of animal diseases;veterinary training and practice; cattlepounds;

(d) primary and secondary education;

(e) agriculture, including agriculturaleducation and research, protection againstpests and prevention of plant diseases;

(f) fisheries;

(g) water, that is to say, water supplies,irrigation and canals, drainage andembankments, water storage and water

power subject to the provisions of entry56 of List I of the Seventh Schedule;

(h) social security and social insurance;employment and unemployment;

(i) flood control schemes for protection ofvillages, paddy fields, markets, towns,etc. (not of technical nature);

(j) theatre and dramatic performances,cinemas subject to the provisions of entry60 of List I of the Seventh Schedule; sportsentertainments and amusements;

(k) public health and sanitation, hospitalsand dispensaries;

(l) minor irrigation;

(m) trade and commerce in, and the productionsupply and distribution of, food stuffs,cattle fodder, raw cotton and raw jute;

(n) libraries, museums and other similarInstitutions controlled or financed by theState; ancient and historical monumentsand records other than those declared byor under any law made by Parliament tobe of national importance; and

(o) alienation of land.

(2) All laws made by the North Cachar HillsAutonomous Council and the Karbi AnglongAutonomous Council under paragraph 3 orunder this paragraph shall, in so far as theyrelate to matters specified in List III of theSeventh Schedule, be submitted forthwith tothe Governor who shall reserve the same forthe consideration of the President.


Provided that the President may direct theGovernor to return the law to the North Cachar HillsAutonomous Council or the Karbi AnglongAutonomous Council, as the case may be, togetherwith a message requesting that the said Council willreconsider the law or any specified provisions thereofand, in particular, will, consider the desirability ofintroducing any such amendments as he may


recommend in his message and, when the law is soreturned, the said Council shall consider the lawaccordingly within a period of six months from thedate of receipt of such message and, if the law is againpassed by the said Council with or withoutamendment it shall be presented again to thePresident for his consideration.".

*After paragraph 3A, the following paragraph hasbeen inserted in its application to the State of Assamby the Sixth Schedule to the Constitution(Amendment) Act, 2003, (44 0f 2003), s. 2 , namely: -

"3B. Additional powers of the Bodoland TerritorialCouncil to make laws.-(1) Without prejudice tothe provisions of paragraph 3, the BodolandTerritorial Council within its areas shall havepower to make laws with respect to :- (i)Agriculture, including agricultural educationand research, protection against pests andprevention of plant diseases; (ii) Animalhusbandry and veterinary, that is to say,preservation, protection and improvement ofstock and prevention of animal diseases,veterinary training and practice, cattle pounds;(iii) Co-operation; (iv) Cultural affairs; (v)Education, that is to say, primary education,higher secondary including vocationaltraining, adult education, college education(general); (vi) Fisheries; (vii) Flood control forprotection of village, paddy fields, markets andtowns (not of technical nature); (viii) Food andcivil supply; (ix) Forests (other than reservedforests); (x) Handloom and textile; (xi) Healthand family welfare, (xii) Intoxicating liquors,opium and derivatives, subject to theprovisions of entry 84 of List I of the SeventhSchedule; (xiii) Irrigation; (xiv) Labour andemployment; (xv) Land and Revenue; (xvi)Library services (financed and controlled bythe State Government); (xvii) Lotteries (subjectto the provisions of entry 40 of List I of theSeventh Schedule), theatres, dramaticperformances and cinemas (subject to theprovisions of entry 60 of List I of the SeventhSchedule); (xviii) Markets and fairs; (xix)Municipal corporation, improvement trust,district boards and other local authorities; (xx)Museum and archaeology institutionscontrolled or financed by the State, ancient andhistorical monuments and records other thanthose declared by or under any law made byParliament to be of national importance; (xxi)Panchayat and rural development; (xxii)Planning and development; (xxiii) Printing andstationery; (xxiv) Pubic health engineering;

(xxv) Public works department; (xxvi) Publicityand public relations; (xxvii) Registration ofbirths and deaths; (xxviii) Relief andrehabilitation; (xxix) Sericulture; (xxx) Small,cottage and rural industry subject to theprovisions of entries 7 and 52 of List I of theSeventh Schedule; (xxxi) Social Welfare; (xxxii)Soil conservation; (xxxiii) Sports and youthwelfare; (xxxiv) Statistics; (xxxv) Tourism;(xxxvi) Transport (roads, bridges, ferries andother means of communications not specifiedin List I of the Seventh Schedule, municipaltramways, ropeways, inland waterways andtraffic thereon subject to the provision of List Iand List III of the Seventh Schedule with regardto such waterways, vehicles other thanmechanically propelled vehicles); (xxxvii)Tribal research institute controlled andfinanced by the State Government; (xxxviii)Urban development-town and countryplanning; (xxxix) Weights and measuressubject to the provisions of entry 50 of List I ofthe Seventh Schedule; and (xl) Welfare of plaintribes and backward classes:

Provided that nothing in such laws shall--

(a) extinguish or modify the existing rightsand privileges of any citizen in respect ofhis land at the date of commencement ofthis Act; and

(b) disallow and citizen from acquiring landeither by way of inheritance, allotment,settlement or by any other way of transferif such citizen is otherwise eligible forsuch acquisition of land within theBodoland Territorial Areas District.

(2) All laws made under paragraph 3 or underthis paragraph shall in so far as they relate tomatters specified in List III of the SeventhSchedule, be submitted forthwith to theGovernor who shall reserve the same for theconsideration of the President.


Provided that the President may direct theGovernor to return the law to the Bodoland TerritorialCouncil, together with the message requesting thatthe said Council will reconsider the law or anyspecified provisions thereof and, in particular, will


consider the desirability of introducing any suchamendments as he may recommend in his messageand, when the law is so returned, the said Councilshall consider the law accordingly within a period ofsix month from the date of receipt of such messageand, if the law is again passéd by the said Councilwith or without amendments it shall be presentedagain to the President for his consideration."

[4] Paragraph 4 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 2003 (44 of 2003), s. 2 , so as to insert thefollowing sub-paragraph after sub-paragraph(5), namely: -


[5] See now the Code of Criminal Procedure,1973 (Act 2 of 1974).

[6] Paragraph 9 has been amended in itsapplication to the States of Tripura andMizoram by the Sixth Schedule to theConstitution (Amendment) Act, 1988 (67 of1988), s.2, so as to insert the following sub-paragraph after sub-paragraph (2), namely:-

"(3) The Governor may, by order, direct that theshare of royalties to be made over to a DistrictCouncil under this paragraph shall be madeover to that Council within a period of oneyear from the date of any agreement undersub-paragraph (1) or, as the case may be, ofany determination under sub-paragraph (2).".

[7] Paragraph 10 has been amended in itsapplication to the States of Tripura andMizoram by the Sixth Schedule to theConstitution (Amendment) Act, 1988 (67 of1988), s.2, as under-

(a) in the heading, the words "by non-tribals"shall be omitted;

(b) in sub-paragraph (1), the words "otherthan Scheduled Tribes" shall be omitted;

(c) in sub-paragraph (2), for clause (d), thefollowing clause shall be substituted,namely:-

(d) prescribe that no person resident in thedistrict shall carry on any trade, whetherwholesale or retail, except under a licenceissued in that behalf by the DistrictCouncil.".

*Paragraph 10 has been amended in its applicationto the State of Assam by the Sixth Schedule to theConstitution (Amendment) Act, 2003 (44 of 2003), s. 2,so as to insert the following sub-paragraph after sub-paragraph (3), namely:


[7] Paragraph 12 has been amended to itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 1995 (42 of 1995), s.2, as under,-

'in paragraph 12, in sub-paragraph (1), for thewords and figure "matters specified in paragraph 3 ofthis Schedule", the words, figures and letter "mattersspecified in paragraph 3 or paragraph 3A of thisSchedule" shall be substituted.';

Paragraph 12 has been amended in its applicationto the State of Assam by the Sixth Schedule to theConstitution (Amendment) Act, 2003 (44 of 2003), s. 2,as under, -

in paragraph 12, in sub-paragraph (1), in clause (a),for the words, figures and letter "matters specified inparagraph 3 or paragraph 3A of this Schedule", thewords, figures and letter "matters specified inparagraph 3 or paragraph 3A or paragraph 3B of thisSchedule" shall be substituted.

[8] Paragraph 14 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 1995 (42 of 1995) , s. 2, as under,-

In paragraph 14 , in sub-paragraph (2), the words"with the recommendations of the Governor withrespect thereto" shall be omitted.

[9] Paragraph 15 has been amended in itsapplication to the States of Tripura andMizoram by the Sixth Schedule to theConstitution (Amendment) Act, 1988 (67 of1988), s. 2, as under,-


(a) in the opening paragraph, for the words"by the Legislature of the State", thewords "by him" shall be substituted;

(b) the proviso shall be omitted.

[10] Paragraph 16 has been amended in itsapplication to the States of Tripura andMizoram by s. 2, ibid., as under,-

(a) in sub-paragraph (1), the words "subjectto the previous approval of theLegislature of the State" occurring inclause (b), and the second proviso shall beomitted;

(b) for sub-paragraph (3), the following sub-graph shall be substituted, namely:

"(3) Every order made under sub-paragraph (1) orsub-paragraph (2) of this paragraph, alongwith the reasons therefor shall be laid beforethe Legislature of the State."'.

[11] Paragraph 17 has been amended in itsapplication to the State of Assam by the SixthSchedule to the Constitution (Amendment)Act, 2003 (44 of 2003), s. 2 , so as to insert thefollowing proviso, namely: -

"Provided that nothing in this paragraph shallapply to the Bodoland Territorial Areas District."

[12] Paragraph 19 has been amended in itsapplication to the State of Assam by s. 2 , ibid.,so as to insert the following sub-paragraphafter sub-paragraph (3), namely: -

"(4) As soon as possible after the commencementof this Act, and Interim Executive Council forBodoland Territorial Areas District in Assamshall be formed by the Governor fromamongst leaders of the Bodo movement,including the signatories to theMemorandum of Settlement, and shallprovide adequate representation to the non-tribal communities in that area:

Provided that Interim Council shall be for a periodof six months during which endeavour to hold theelection to the Council shall be made.

Explanation.---For the purposes of this sub-paragraph, the expression "Memorandum of Settlement"means the Memorandum signed on the 10th day ofFebruary, 2003 between Government of India,Government of Assam and Bodo Liberation Tigres."

[13] After paragraph 20B, the following paragraph

has been inserted in its application to the Stateof Assam by the Sixth Schedule to theConstitution (Amendment) Act, 1995 (42 of1995), s. 2, namely:-

"20BA. Exercise of discretionary powers by theGovernor in the discharge of hisfunctions.-The Governor in the dischargeof his functions under sub-paragraphs (2)and (3) of paragraph 1, sub-paragraphs(1), (6), sub-paragraph (6A) excluding thefirst proviso and sub-paragraph (7) ofparagraph 2, sub-paragraph (3) ofparagraph 3, sub-paragraph (4) ofparagraph 4, paragraph 5, sub-paragraph(1) of paragraph 6, sub-paragraph (2) ofparagraph 7, sub-paragraph (4) ofparagraph 8, sub-paragraph (3) ofparagraph 9, sub-paragraph (3) ofparagraph 10, sub-paragraph (1) ofparagraph 14, sub-paragraph (1) ofparagraph 15 and sub-paragraphs (1) and(2) of paragraph 16 of this Schedule, shall,after consulting the Council of Ministersand the North Cachar Hills AutonomousCouncil or the Karbi AnglongAutonomous Council, as the case may be,take such action as he considers necessaryin his discretion."

[14] After paragraph 20B, the followingparagraph has been inserted in itsapplication to the States of Tripura andMizoram, by the Sixth Schedule to theConstitution (Amendment) Act, 1988 (67 of1988), s. 2, namely:-

"20BB. Exercise of discretionary powers by theGovernor in the discharge of hisfunctions.-The Governor, in thedischarge of his functions under sub-paragraphs (2) and (3) of paragraph 1,sub-paragraphs (1) and (7) of paragraph2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (3) of paragraph 9, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 ofthis Schedule, shall, after consulting theCouncil of Ministers, and if he thinks itnecessary, the District Council or theRegional Council concerned, take suchaction as he considers necessary in hisdiscretion."

Order: Insectivora

Family: Soricidae:

Sub Family: Crocidurinae

W. Garo E. Garo S. Garo

Grey shrew Crocidura attenuata Milne-Edwards +

Southeast Asian White- Crocidura fuliginosa (Blyth) +

toothed shrew

Family : Talpidae

Subfamily : Talpinae

Talpa micrura Hodgson +

Order: Scandentia

Family: Tupaiidae

Sub Family: Tupaiinae

Common Tree Shrew Tupaia glis assamensis (Wroughton) + +

Order: Chiroptera

Suborder: Megachiroptera

Family: Pteropodidae

Subfamily: Pteropodinae

Short-nosed fruit bat Cynopterus sphinx sphinx (Vahl) + + +

Indian flying fox Pteropus giganteus giganteus +

(Brunnich)

Fulvous fruit bat Rousettus leschenaultia leschenaulti + + +

(Desmarest)

Subfamily: Macroglossinae

Long-tongued fruit bat Eonycteris spelaea spelaea ( Dobson) +

Suborder: Microchiroptera

Family: Megadermatidae

Indian false vampire bat Megaderma lyra lyra E. Geoffroy +

Family: Rhinolophidae

Subfamily: Rhinolophinae

Paerson’s horseshoe bat Rhinolophus pearsonii Horsfield + + +

Least horseshoe bat Rhinolophus pusillus blythi Anderson +

Subfamily: Hipposiderinae

Great Himalayan leaf-t Hipposideros armiger armiger + + +

nosed ba (Hodgson)

Great Ceylon leaf-nosed bat Hipposideros lankadiva Kelaart +

Horsfield’s leaf-nosed bat Hipposideros larvatus (Horsfield) +

ANNEXURE IV

List of mammals found in Garo Hills (Ghosh, et al 1995)


Andersen’s leaf-nosed bat Hipposideros Pomona gentilis Andersen +

Family: Vespertilionidae

Subfamily: Kerivoulinae

Hardwicke's forest bat Kerivoula hardwickii (Horsfield) +

Subfamily: Vespertilioninae

Harlequin bat Scotomanes ornatus ornatus (Blyth) +

Common yellowbellied bat Scotophilus heathi heathi (Horsfield) +

Asiatic Lesser yellow bat Scotophilus kuhlii kuhlii Leach + + +

Philippine bamboo bat Tylonycteris pachypus +

Subfamily: Miniopterinae

Schreiber's long-fingered bat Miniopterus schreibersii (Kuhl) +

Order: Primates

Family: Cercopithecidae

Subfamily: Cercopithecinae

Stump-tailed macaque Macaca arctoides (geoffroy) + +

Assamese macaque Macaca assamensis (M’Clelland) + +

Rhesus macaque Macaca mulatta (Zimmermann) + + +

Pig-tailed macaque Macaca nemestrina (Linnaeus) +

Subfamily : Colobinae

Common langur Semnopithecus entellus (Dufresne) +

Capped langur Trachypithecus pileatus (Blyth) + + +

Family: Hylobatidae

Hoolock gibbon Hoolock hoolock + + +

Family: Loridae

Slow loris Nycticebus coucang (Boddaert) + + +

Order: Pholidota

Family: Manidae

Chinese pangolin Manis pentadactyla Linnaeus +

Order: Carnivora

Family: Canidae

Asiatic Jackal Canis aureusLinnaeus + + +

Wild dog, Dhole Cuon alpinus (Pallas) + + +

Indian fox Vulpes bengalensis (Shaw) + + +

Family: Felidae

Subfamily: Felinae

Asiatic Golden cat Catopuma temminckii + +

(Vigors and Horsfield)

Jungle Cat Felis chaus Schreber + + +

Leopard cat Prionailurus bengalensis (Kerr)

Subfamily: Pantherinae

Leopard Panthera pardus fusca (Linnaeus) + + +


Tiger Panthera tigris tigris (Linnaeus) + + +

Marbled cat Pardofelis marmorata (Martin) +

Clouded leopard Neofelis nebulosa (Griffith) + + +

Family: Herpestidae

Subfamily: Herpestinae

Indian Gray mongoose Herpestes edwardsii +

(E. Geoffrey Saint-Hilaire)

Crab-eating mongoose Herpestes urva (Hodgson) + +

Family: Mustelidae

Subfamily: Lutrinae

Small Clawed otter Amblonyx cinerea concolor +

(Rafinesque)

Smooth- coated otter Lutrogale perspicillata perspicillata +

(I. Geoffroy Saint-Hilaire)

Subfamily: Melinae

Hog badger Arctonyx collaris Cuvier + + +

Subfamily: Mustelinae

Yellow-throated Marten Martes flavigula (Boddaert) +

Family: Ursidae

Subfamily: Ursinae

Himalayan black bear Ursus thibetanus Cuvier + + +

Sloth bear Melursus ursinus (Shaw) + + +

Malayan Sun Bear Helarctos malayanus (Raffles) + + +

Subfamily: Ailurinae

Red panda Ailurus fulgens Cuvier + + +

Family: Viverridae

Subfamily: Paradoxurinae

Masked palm civet Paguma larvata neglecta P ocock +

Common Palm Civet, Paradoxurus hermaphroditus (Pallas) +

Toddy cat

Subfamily: Viverrinae

Small Indian civet Viverricula indica(Desmarest) +

Order Proboscidea

Family Elephantidae

Elephant Elephas maximusindicus G. Cuvier + + +

Order: Artiodactyla:

Family: Bovidae:

Sub Family: Bovinae

Gaur Bos gaurus++Wild buffalo Bubalus +

bubalis (Linnaeus)

Four horned Antelope, Tetracerus quadricornis +

Chausinga (Blainville)


Subfamily: Caprinae

Goral Naemorhedus goral (Hardwicke) +

Serow Naemorhedus sumatraensis (Bechstein) + + +

Family: Cervidae

Sambar Cervus unicolor Kerr + + +

Subfamily: Muntiacinae

Barking Deer/Munjtac Muntiacus muntjak Pocock + + +

Family: Suidae

Subfamily: Suinae

Indian wild boar Sus scrofa Linnaeus + + +

Order: Rodentia

Suborder: Sciurognathi

Family Sciuridae

Subfamily: Sciurinae

Red-bellied tree squirrel Callosciurus erythraeus erythraeus + +

Callosciurus erythraeus erythogaster + +

Hoary-bellied Himalayan Callosciurus pygerythrus blythi ( Tytler) + +

squirrel

Malayan giant squirrel Ratufa bicolor giganteus (M’Clelland) + +

Family: Petauristinae

Hodgson's flying squirrel Petaurista magnificus +

Giant red flying squirrel Petaurista petaurista lylei Bonhote +

Petaurista petaurista albiventer (Gray) +

Family: Muridae

Subfamily: Murinae

Indian field mouse Mus booduga booduga ( Gray) + +

Shrew mouse Mus pahari jacksoniae (Thomas) +

Chestnut Rat, Himalayan Niviventer fulvescens fulvescens (Gray) +

Chestnut rat

Himalayan rat Rattus nitidus nitudus + + +

Common house rat Rattus rattus brunneusculus (Hodgson) + +

Rattus rattus tistae Hinton + +

Rattus sabanus garonum + +

Subfamily: Rhizomyinae

Bay bamboo rat Cannomys badius badius (Hodgson) +

Suborder: Hystricognathi

Family: Hystricidae

Atherurus hodgsonii +

Order: Lagomorpha

Family: Leporidae

Indian hare/Blacknaped hare Lepus nigricollis + +

ANNEXURE V

List of Birds reported from Garo Hills (Majumdar, 1994)

Order: Anseriformes

Family: Anatidae

Anser anser rubrirostris Greylag Goose

Aythya ferina Common Pochard

Mergus merganser merganser Common Merganser

Order: Apodiformes

Family: Apodidae

Apus affinis subfurcatus Little Swift

Cypsiurus parvus infumatus

Order: Bucerotiformes

Family: Bucerotidae

Anthracoceros malabaricus malabaricus

Order: Ciconiiformes

Family: Accipitridae

Accipiter badius dussumieri Shikra

Accipiter nisus Eurasian Sparrowhawk

Aviceda leuphotes Black Baza

Circus aeruginosus Western Marsh Harrier

Circus macrourus Pallid Harrier

Elanus caeruleus vociferus Black-winged Kite

Haliastur Indus indus Brahminy Kite

Milvus migrans Black Kite

Pandion haliaetus haliaetus Osprey

Family: Ardeidae

Ardeola striatus chloriceps

Ardea alba modesta

Ardea cinerea rectirostris Grey Heron

Ardea purpurea manilensis Purple Heron

Ardeola grayii grayii Indian Pond-Heron

Bubulcus ibis coromandus Cattle Egret

Egretta garzetta Little Egret

Egretta garzetta garzettaIxobrychus cinnamomeus Cinnamon Bittern

Ixobrychus flavicollis flavicollis Black Bittern

Nycticorax nycticorax nycticorax Black-crowned Night-Heron

Family: Charadriidae

Himantopus himantopus himantopus Black-winged Stilt

Vanellus Spinosus duvanvelii


Family: Ciconiidae

Anastomus oscitans Asian Openbill

Ciconia episcopus episcopus Woolly-necked Stork

Family: Falconidae

Falco subbuteo centralasiae Eurasian Hobby

Falco tinnunculus tinnunculus Common Kestrel

Microhierax caerulescens caerulescens Collared Falconet

Family: Glareolidae

Glareola pratincola Maldivarum Collared Pratincole

Family: Jacanidae

Hydrophasianus chirurgus Pheasant-tailed Jacana

Metopidius indicus Bronze-winged Jacana

Family: Laridae

Sterna acuticauda Black-bellied Tern

Sterna aurantia River Tern

Sterna hirundo tibetana Common Tern

Family: Phalacrocoracidae

Phalacrocorax carbo sinensis Great Cormorant

Family: Scolopacidae

Calidris minuta Little Stint

Gallinago gallinago gallinago Common Snipe

Gallinago minimaGallinago nemoricola Wood Snipe

Gallinago solitaria solitaria Solitary SnipeG

allinago stenura Pintail Snipe

Philomachus pugnax Ruff

Scolopax rusticola rusticola Eurasian Woodcock

Tringa glareola Wood Sandpiper

Tringa hypoleucos hypoleucos Common Sandpiper

Tringa nebularia Common Greenshank

Tringa ochropus Green Sandpiper

Tringa stagnatilis Marsh Sandpiper

Tringa totanus totanus Common Redshank

Family: Threskiornithidae

Platalea leucorodia major Eurasian Spoonbill

Threskiornis aethiopica melanocephalus Black-headed Ibis

Order: Columbiformes

Family: Columbidae

Chalcophaps indica indica Emerald Dove

Ducula aenea Sylvatica Green Imperial-Pigeon

Streptopelia chinensis tigrina Spotted Dove

Streptopelia decaocto decaocto Eurasian Collared-Dove

Streptopelia tranquebarica humilis Red Collared-Dove

Treron bicincta bicincta Orange-breasted Green-Pigeon


Order: Coraciiformes

Family: Alcedinidae

Alcedo hercules Blyth's Kingfisher

Alcedo meninting coltarti Blue-eared Kingfisher

Family: Cerylidae

Ceryle rudis leucomelanuru Pied Kingfisher

Family: Dacelonidae

Halcyon smyrnensis perpulchra White-throated Kingfisher

Pelargopsis capensis capensis Stork-billed Kingfisher

Family: Meropidae

Merops leschenaulti leschenaulti Chestnut-headed Bee-eater

Merops orientalis orientalis Little Green Bee-eater

Merops orientalis birmanusNyctyornis athertoni athertoni Blue-bearded Bee-eater

Order: Cuculiformes

Family: Centropodidae

Centropus toulou bengalensis Lesser Coucal

Centropus sinensis intermedius Greater Coucal

Family: Cuculidae

Clamator coromandus Chestnut-winged Cuckoo

Chalcites maculatusEudynamys scolopacea malayana Asian Koel

Order: Galliformes

Family: Phasianidae

Arborophila atrogularis White-cheeked Partridge

Bambusicola fytchii hopkinsoni Mountain Bamboo-Partridge

Coturnix coromandelica Rain Quail

Francolinus francolinus melanotus Black Francolin

Francolinus gularis Swamp Francolin

Gallus gallus murghi Red Junglefowl

Lophura leucomelanos lathami Kalij Pheasant

Pavo cristatus Indian Peafowl

Polyplectron bicalcaratum bakeri Grey Peacock-Pheasant

Order: Gruiformes

Family: Rallidae

Fulica atra atr Common Coot

Gallinula chloropus indica Common Moorhen

Porzana pusilla pusilla Baillon's Crake

Order: Passeriformes

Family: Alaudidae

Eremopterix grisea Ashy-crowned Sparrow-Lark

Family: Cisticolidae

criniger flaveolus flaveolus

Family: Corvidae

Aegithina tiphia tiphia Common Iora

Artamus fuscus Ashy Wood-swallow

Coracina novaehollandiae nipalensisCorvus splendens splendens House Crow


Dendrocitta formosae himalayana Grey Treepie

Dendrocitta vagabunda vagabunda Rufous Treepie

Dicrurus aeneus aeneus Bronzed Drongo

Dicrurus adsimilis albirictusDicrurus caerulescens caerulescens White-bellied Drongo

Dicrurus hottentottus hottentottus Hair-crested Drongo

Dicrurus paradiseus grandis Greater Racket-tailed Drongo

Dicrurus remifer tectirostris Lesser Racket-tailed Drongo

Hypothymis azurea styani Black-naped Monarch

Oriolus xanthornus xanthornus Black-hooded Oriole

Pericrocotus flammeus fraterculus Scarlet Minivet

Tephrodornis virgatus pelvicaTephrodornis pondicerianus pondicerianus Common Woodshrike

Family: Eurylaimidae

Serilophus lunatus rubropygius Silver-breasted Broadbill

Family: Fringillidae

Emberiza pusilla Little Bunting

Family: Hirundinidae

Hirundo rustica tytleri Barn Swallow

Family: Irenidae

Chloropsis aurifrons aurifrons Golden-fronted Leafbird

Chloropsis cochinchinensis cochinchinensis Blue-winged Leafbird

Family: Laniidae

Lanius cristatus cristatus Brown Shrike

Lanius schach tricolor Long-tailed Shrike

Lanius tephronotus tephronotus Grey-backed Shrike

Family: Muscicapidae

Copsychus malabaricus indicus White-rumped Shama

Copsychus saularis erimelas Oriental Magpie-Robin

Culicicapa ceylonensis calochrysea Grey-headed Canary-Flycatcher

Enicurus immaculatus Black-backed Forktail

Luscinia calliope Siberian Rubythroat

Luscinia pectardens Firethroat

Monticola solitarius pandoo Blue Rock-Thrush

Muscicapa latirostris Muscicapa parva albicilla Muscicapa westermanni

australorienti sMuscicapa sapphira Muscicapa macgrigoriae signata

Muscicapa sundara sundara Turdus albocinctus White-collared Blackbird

Turdus dissimilis dissimilis Black-breasted Thrush

Turdus rubrocanus rubrocanus Chestnut Thrush

Zoothera citrina citrina Orange-headed Thrush

Family: Nectariniidae

Aethopyga saturata assamensis Black-throated Sunbird

Anthreptes singalensis rubinigentis Ruby-cheeked Sunbird

Dicaeum cruentatum cruentatum Scarlet-backed Flowerpecker

Dicaeum erythrorhynchos erythrorhynchos Pale-billed Flowerpecker

Nectarinia zeylonica sola Purple-rumped Sunbird


Family: Paridae

Melanochlora sultanea sultanea Sultan Tit

Parus major nipalensis Great Tit

Family: Passeridae

Amandava amandava Red Avadavat

Anthus hodgsoni Olive-backed Pipit

Lonchura malacca atricapilla Black-headed Munia

Passer domesticus indicus House Sparrow

Family: Pycnonotidae

Pycnonotus cafer bengalensis Red-vented Bulbul

Pycnonotus jocosus emeria Red-whiskered Bulbul

Pycnonotus jocosus monticola

Family: Sturnidae

Acridotheres tristis tristis Common Myna

Gracula religiosa intermedia Hill Myna

Saroglossa spiloptera Spot-winged Starling

Sturnus malabaricus malabaricus Chestnut-tailed Starling

Family: Sylviidae

Abroscopus albogularis albogularis Rufous-faced Warbler

Abroscopus superciliaris flaviventris Yellow-bellied Warbler

Alcippe castaneceps castaneceps Rufous-winged Fulvetta

Alcippe nipalensis nipalensis Nepal Fulvetta

Cettia brunnifrons muroides Grey-sided Bush-Warbler

Cettia major vafer Chestnut-crowned Bush- Warbler

Chaetornis striatus Bristled Grassbird

Gampsorhynchus rufulus rufulus White-hooded Babbler

Garrulax erythrocephalus chrysopterus Chestnut-crowned Laughingthrush

Garrulax leucolophus patkaicus White-crested Laughingthrush

Garrulax monileger monileger Lesser Necklaced Laughingthrush

Garrulax pectoralis melanotis Greater Necklaced

Laughingthrush

Leiothrix argentauris argentauris Silver-eared Mesia

Macronous gularis rubricapilla Striped Tit-Babbler

Malacocincla abbotti abbotti (Blyth) Abbott's Babbler

Megalurus palustris toklao Striated Grassbird

Napothera brevicaudata striata Streaked Wren-Babbler

Orthotomus atrogularis nitidus Dark-necked Tailorbird

Orthotomus sutorius patia Common Tailorbird

Pellorneum ruficeps mandellii Puff-throated Babbler

Pellorneum ruficeps chamelumPhylloscopus inornatus inornatus Inornate Warbler

Phylloscopus trochiloides trochiloides Greenish Warbler

Pomatorhinus hypoleucos hypoleucos Large Scimitar-Babbler

Pteruthius aenobarbus aenobarbulus Chestnut-fronted Shrike- Babbler

Pteruthius flaviscapis validirostris White-browed Shrike-Babbler


Turdoides longirostris Slender-billed Babbler

Yuhina castaniceps castaniceps Striated Yuhina

Family: Zosteropidae

Zosterops palpebrosa palpebrosa Oriental White-eye

Order: Piciformes

Family: Megalaimidae

Megalaima asiatica asiatica Blue-throated Barbet

Megalaima australis cyanotis Blue-eared Barbet

Megalaima franklinii franklinii Golden-throated Barbet

Micropternus brachyurus phaiocepsMegalaima lineate hodgsoni Lineated Barbet

Megalaima virens magnifica Great Barbet

Family: Picidae

Chrysocolaptes lucidus sultaneus Greater Flameback

Chrysocolaptes lucidus guttacristatus Dinopium benghalense benghalense Black-rumped Flameback

Gecinulus grantia grantia Pale-headed Woodpecker

Mulleripicus pulverulentus harterti Great Slaty Woodpecker

Picus canus hessei Grey-faced Woodpecker

Picus chlorolophus chlorolophus Lesser Yellownape

Picoides mahrattensis mahrattensis Picoides canicapillus semicoronatus

Order: Psittaciformes

Family: Psittacidae

Psittacula alexandri fasciata Red-breasted Parakeet

Psittacula krameri borealis Rose-ringed Parakeet

Order: Strigiformes

Family: Caprimulgidae

Caprimulgus affinis monticola Savanna Nightjar

Caprimulgus indicus hazarae rey Nightjar

Caprimulgus macrurus albonotatus Large-tailed Nightjar

Caprimulgus indicus jotaka

Family: Strigidae

Glaucidium brodiei brodiei Collared Owlet

Glaucidium cuculoides rufescens Asian Barred Owlet

Otus scops sunia Eurasian Scops-Owl

Strix leptogrammica newarensis Brown Wood-Owl

Order: Trogoniformes

Family: Trogonidae

Harpactes erythrocephalus erythrocephalus Red-headed Trogon

Order: Testudines

1. Hardella thurjii (Gray)

2. Kachuga dhongoka (Gray)

3. Kachuga sylhetensis (Jerdon)

4. Kachuga tecta (Gray)

5. Geoclemys hamiltoni (Gray)

6. Cyclemys dentate (Gray)

7. Melanochelys tricarinata (Blyth)

8. Indotestudo elongate (Blyth)

9. Aspideretes hurum Gray

Order: SquamataSuborder: Sauria

1. Cyrtodactylus khasiensis (Jerdon)

2. Cnemaspis jerdoni (Theobald)

3. Cosymbotus pltyurus (Schneider)

4. Hemidactylus brooki Gray

5. Hemidactylus frenatus Schlegel

6. Gekko gecko (Linnaeus)

7. Calotes emma Gray

8. Calotes versicolor (Daudin)

9. Sphenomorphus indicus (Gray)

10. Sphenomorphus maculatus (Blyth)

11. Mabuya macularia (Blyth )

12. Mabuya multifasciata multifasciata (kuhl)

13. Takydromus sexlineatus sexlineatus Daudin

14. Varanus bengalensis (Daudin)

15. Varanus salvator (Laurenti)

Suborder: Serpentes

1. Ramphotyphlops braminus (Daudin)

2. Typhlops diardi Schlegel

3. Typhlops tenuicollis (Peters)

4. Amphiesma khasiensis (Boulenger)

5. Amphiesma parallela (Boulenger)

6. Amphiesma xenura (Wall)

7. Boiga trigonata (Schneider)

8. Calamaria pavimentata Dumeril & Bibrin

9. Chrysopelea ornate (Shaw)

10. Elaphe hodgsoni (Boulenger)

11. Elaphe prasina (Blyth)

12. Elaphe radiate (Schlegel)

13. Lycodon aulicus (Linnaeus)

14. Lycodon jara (Shaw)

15. Oligodon cinereus (Gunther)

16. Oligodon dorsalis (Cantor)

17. Oligodon dorsalis Gray & Hardwicke

18. Oligodon theobaldi (Gunther)

19. Ptyas korros Schlegel

20. Rhabdophis subminiata (Schlegel)

21. Sibynophis chinesis (Gunther)

22. Xenochrophis piscator (Shneider)

23. Bungarus niger Wall

24. Callophis macclellandi (Reinhardt)

25. Naja naja (Linnaeous)

26. Trimeresurus erythrurus (Cantor)

ANNEXURE VI

List of Reptiles reported from Garo Hills (Mathew, R., 1994)

1. Xenophrys parva (Boulengar)

2. Bufo melanostictus Schneider

3. Amolops afghanus (Gunther)

4. Rana alticola Boulenger

5. Rana bilineata Pillai & Chanda

6. Rana cyanoplyctis Schneider

7. Rana garoensis Boulenger

8. Rana laticeps (Boulenger)

9. Rana limnocharis Weighmann

10. Rana malabarica Tschudi

11. Philautus garo (Boulenger)

12. Philautus kempii

13. Rhacophorus maximus Gunther

14. Ploypedates leucomystax Gravenhorst

ANNEXURE VII

List of Amphibians reported from Garo Hills (Chanda, S.K., 1994)

Order: Primates

Family: Cercopithecidae

Subfamily: Cercopithecinae

1. Stump-tailed macaque Macaca arctoides (geoffroy)

2. Assamese macaque Macaca assamensis (M’Clelland)

3. Rhesus macaque Macaca mulatta (Zimmermann)

Subfamily : Colobinae

4. Capped langur Trachypithecus pileatus (Blyth)

Family: Hylobatidae

5. Hoolock gibbon Hoolock hoolock (Harlan)

Family: Loridae

6. Slow loris Nycticebus coucang (Boddaert)

Order: Carnivora

Family: Canidae

7. Wolf Canis lupus Linnaeus

8. Wild dog, Dhole Cuon alpinus (Pallas)

9. Indian fox Vulpes bengalensis (Shaw)

Family: Felidae

Subfamily: Felinae

10. Jungle Cat Felis chausSchreber

11. Leopard cat Prionailurus bengalensis (Kerr)

Subfamily: Pantherinae

12. Leopard Panthera pardus (Linnaeus)

13. Clouded leopard Neofelis nebulosa (Griffith)

Family: Herpestidae

Subfamily: Herpestinae

14. Indian Gray mongoose Herpestes edwardsii

(E. Geoffrey Saint-Hilaire)

Family: Mustelidae

Subfamily: Melinae

15. Hog badger Arctonyx collaris Cuvier

16. Chinese feret badger Melogale moschata (Gray)

Family: Ursidae

Subfamily: Ursinae

17. Himalayan black bear Ursus thibetanus Cuvier

ANNEXURE VIII

Faunal diversity of Siju Wildlife SanctuaryMammals


Family: Viverridae

Subfamily: Viverrinae

18. Large Indian civet Viverra zibetha Linnaeus

19. Small Indian civet Viverricula indica (Desmarest)

Order Proboscidea

Family Elephantidae

20. Asian Elephant Elephas maximus indicus G. Cuvier

Order: Artiodactyla:

Family: Bovidae:

Subfamily: Bovinae

21. Indian Bison or Gaur Bos gaurus

22. Wild buffalo Bubalus bubalis (Linnaeus)

Family: Cervidae

23. Sambar Cervus unicolor Kerr

Subfamily: Muntiacinae

24. Barking Deer/Munjtac Muntiacus muntjak Pocock

Family: Suidae

Subfamily: Suinae

25. Indian wild boar Sus scrofa Linnaeus

Order: Rodentia

Suborder: Sciurognathi

Family Sciuridae

Subfamily: Sciurinae

26. Five-striped palm squirrel Funambulus pennantii

27. Indian giant squirrel Ratufa indica

Family: Petauristinae

28. Red Giant flying squirrel Petaurista petaurista

Family: Dipodidae

Subfamily: Murinae

29. Large Bandicoot rat Bandicota indica

Suborder: Hystricognathi

Family: Hystricidae

30. Indian Crested porcupine Hystrix indica

Order: Lagomorpha

Family: Leporidae

31. Indian hare/Blacknaped hare Lepus nigricollis

ANNEXURE IX

ANNEXURE X

OTHER WTI PUBLICATIONS

A. OCCASIONAL REPORTS

Tribal Territories: Impact assessment around the Jarawa tribal reserve, middle and south Andaman Islands

Captive Concerns:Health and management of captive elephants in Jaipur

Jumbo Express:A scientific approach to understanding and mitigating elephant mortality due to train accidents in Rajaji National Park.

Fair Concern:Health and management of captive elephants in Sonpur

Elephant in Exile:A rapid assessment of the human-elephant conflict in Chhattisgarh

Ganesha to Bin Laden:Human-elephant conflict in Sonitpur district of Assam

Healing Touch:Health and management of captive elephants at Kaziranga elephant festivals

Dog and Bull:An investigation into carnivore-human conflict in and around Itanagar Wildlife Sanctuary, Arunachal Pradesh

Against the Current:Otters in the river Cauvery, Karnataka

Silent Stranglers: Eradication of mimosa in Kaziranga National Park, Assam

Living at the Edge:Rapid survey for the endangered Ladakh urial ( Ovis vignei vignei) in Leh district of Ladakh Trans-Himalaya

Search for Spectacle:A conservation survey of the Phayre’s leaf monkey (Tranchypithecus phayrei) in Assam and Mizoram

Sighting Storks:Status and distribution of Greater adjutant storks (Leptoptilos dubius) in the Ganga and Kosi river floodplains nearBhagalpur, Bihar

Bait and Watch:Popularization of alternatives to dolphin oil among fishermen for the conservation of the Ganges river dolphin (Plantanistagangetica) in Bihar

Awaiting Arribadda:Protection of Olive Ridley turtles (Lepidochelys olivacea) and their nesting habitats at Rushikuliya rookery, Orissa

Living with Giants:Understanding human-elephant conflict in Maharashtra and adjoining areas

Crane Capital:Conservation strategy for Sarus Crane (Grus antigone) habitat in Etawah and Mainpuri Districts, Uttar Pradesh

Deadly Tracks:A scientific approach to understanding and mitigating elephant mortality due to train hits in Assam

Carnivore Conflict:Support provided to leopards involved in conflict related cases in Maharashtra

167

India at the International Whaling commission:A policy document on India’s involvement in the IWC 1981-2003

B. CONSERVATION ACTION REPORTS

Beyond the Ban:A census of Shahtoosh workers in Jammu & Kashmir

Biodiversity, Livelihoods and the Law:The case of the ‘Jogi Nath’ snake charmers of India

Goats on the Border: A rapid assessment of the Pir Panjal markhor in Jammu & Kashmir distribution, status and threats

The Ground Beneath the Waves : (2 Volumes)Post-tsunami impact assessment of wildlife and their habitats in India

Walking the Bears:Rehabilitation of Asiatic black bears in Arunachal Pradesh

Mountain Migrants:Survey of Tibetan Antelope (Pantholops hodgsonii) and Wild Yak (Bos grunniens) in Ladakh, Jammu & Kashmir, India

Predator Alert:Attacks on humans by leopard and Asiatic black bear in the Kashmir valley – Analysis of case studies and spatial patterns ofelevated conflict

Turning the Tide:The campaign to save Vhali, the Whale Shark (Rhincondon Typus) in Gujarat

C. CONSERVATION REFERENCE SERIES

Wildlife Law:A ready reckoner - A guide to the Wildlife (Protection) Act 1972

Back to the Wild:Studies in wildlife rehabilitation

Right of Passage:Elephant corridors of India

Poisons and the Pachyderm:Responding to poisoning in Asian elephants – A field guide

Commentaries on Wildlife Law:Cases, statutes & notifications

Pakke Pachyderms:Ecology and conservation of Asian elephants in Kameng elephant reserve, Arunachal Pradesh

Bringing Back Manas:Conserving the forest and wildlife of the Bodoland Territorial Council

D. OTHERS

Wrap up the trade:An international campaign to save the endangered Tibetan Antelope

Tiger Bridge:Nine days on a bend of the Nauranala

Emergency Relief Network Digest 2005 – 2006

Emergency Relief Network Digest 2006 – 2007

Action Tiger:Tiger action plans of 12 tiger range countries

168

PROJECT TEAM

Biswajit Saikia

Bulbully Marak

J. Dutta

Kiranmay Sarma

P.C.Bhattacherjee

P.R. Marak

P.S.Easa

Pangeng Marak

Prabal Sarkar

R. Thiek

Rahul Kaul

Ritwick Dutta

S.N. Sangma

Sandeep Kumar Tiwari

Satadal Acherji

Siddhartha Bhattacharjee

Sunil Subba Kyarong

Susenjit Nath Choudhury

T.T.C. Marak

Vijay Dashmana

Vivek Menon

Vyom Raghuvanshi

The Balphakram and Nokrek protected areas are the two ecological crown jewels

of the Garo Hills. The two are connected tenuously by forest along the spine of

the Garo Hills much of which is akhin owned, private community forests and

jhummed land. Wildlife still flourishes here and the Wildlife Trust of India (WTI)

with the World Land Trust, British High Commission and the International Fund

for Animal Welfare (IFAW) has worked with the Garo Hills Autonomous District

Council and the Meghalaya Forest Department in preserving these representative

forests of the Garo Hills using an innovative protection mechanism. This report

documents the declaration of village reserves in the Garo Hills - the Selbelgre

Village Reserve forest to protect gibbons and the Siju-Aretika Village Reserve

forest and Rewak Kosigre Village Reserve to secure a critical elephant corridor

that was earlier identified by WTI and IFAW with support from the US Fish and

Wildlife Services. Gibbons are canopy dependent species and elephants require

terrestrial corridors for their nomadic existence; two appropriate flagships for

preserving the linkages that connect the wildlife protected areas of the Garo Hills.

eds: rahul kaul, sandeep kumar tiwari, sunil kyarong, ritwick … · 2017-04-06 · canopies and...

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