Jammu and Kashmir Extraction of Resin Act, 1988
No: 9 Dated: Sep, 01 1988
THE JAMMU AND KASHMIR EXTRACTION OF RESIN ACT, 1988
(Act No. IX of 1988)
An Act to provide, in the interest of the general public, for the carrying on by the State extraction of resin from certain species of trees in the State and transportation thereof, to the exclusion of others and for matters connected or ancillary thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-ninth Year of the Republic of India as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Extraction of Resin Act, 1988.
(2) It shall extend to the whole of the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on 23rd April, 1986.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "prescribed" means prescribed by rules made under this Act;
(b) "resin" means the secretion extracted by tapping or otherwise from chir/chil or kail trees;
(c) "resin depot" means a place specified as such by the Chief Conservator of Forests for the storage and sale of resin tapped in an area specified in relation to that depot;
(d) "resin products" means derivatives obtained by processing of resin and includes resin, turpentine, hardened resin and also includes paints and varnishes manufactured directly from resin;
(e) words and expressions used but not defined in this Act and defined in the Forest Act, Samvat 1987 shall have the meanings assigned to them in that Act.
3. Ban on extraction by private person. - Notwithstanding anything to the contrary contained in any law, rule, order, instrument, agreement or contract or in any judgement, decree or order of any Court or Authority, no person, other than the Government shall as from the commencement of this Act,-
(a) extract resin by tapping or otherwise from chir/chil or kail trees in the State whether such trees belong to the State or not;
(b) transport resin from one place to other in the State except under and in accordance with the permit granted under this Act;
(c) acquire, possess, store, dispose of or otherwise deal with any resin extracted and manufactured in the State.
4. Disposal of resin. - (1) All resin extracted under section 3 shall be stored at resin depots and thereafter shall be sold by the Government to the Jammu and Kashmir Industries Limited for processing.
(2) After processing it by the Jammu and Kashmir Industries Ltd. the resin products, if any surplus, shall be sold by it to the small scale units and medium scale units in the State in such manner as may be provided for, and at such prices as may be fixed by, the Jammu and Kashmir Industries Limited in consultation with the Government.