Jammu and Kashmir Forest (Conservation) Act, 1997
No: 30 Dated: Oct, 01 1997
THE JAMMU AND KASHMIR FOREST (CONSERVATION) ACT, 1997
(Act No. XXX of 1997)
An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Forty-eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Forest (Conservation) Act, 1997.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force at once.
2. Restriction on de-notifying of demarcated forest or de-reservation or use of Forest land for non-forest purpose. - (1) Notwithstanding anything contained in any other law for the time being in force, -
(a) the Government shall not, except on a resolution of the the Council of Ministers based on the advice of the Advisory Committee constituted under section 3 of the Act,
(i) make or issue any order or notification directing that any demarcated forest or any portion thereof shall cease to be a demarcated forest;
(ii) make any order directing that any forest land or any portion thereof may be used for any non-forest purpose;
(b) no officer of the Government or other authority shall have power to make or issue any order or notification in respect of any matter specified in clause (a):
Provided that the Administrative Department (Forest) shall be the competent authority to accord permission after obtaining approval of the Minister incharge on the recommendations of the Advisory Committee constituted under section 3 of this Act, for the construction of Border/ R&B/Irrigation roads when passing through the demarcated or undermarcated forest lands:
Provided further that the Principal Chief Conservator of Forests may, on the recommendations of a Committee comprising the concerned Chief Conservator of Forests, Conservator of Forests, District Development Commissioner and the Divisional Forest Officer, accord permission for construction of,-
(i) rural roads not exceeding 5 hectares of forest land; and An a case and no further extension shall be granted ;
(ii) no permission shall be accorded unless the Chief Conservator of Forests satisfies himself that the road is needed for the upliftment of the rural people and does not have any adverse impact on ecosystem of the area; and
(iii) that all other conditions as laid down in this Act are complied with.
Explanation I. - For the purpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for-
(a) the cultivation of oil bearing plants, horticultural crops or medicinal plants;
(b) any other purpose other than re-afforestation but does not include any work relating or ancillary to conservation, development and management of forest and wildlife, namely, the establishment of check posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholds, trench marks, boundary marks, pipe lines or other like purposes.
Explanation II. - For the purposes of this section,
(a) "demarcated forest" and "undemarcated forest" shall have the same meaning as assigned to these in the Jammu and Kashmir Forest Act, Samvat 1987 (1923 A.D.);
(b) "rural roads" means the roads including paths to be constructed by the District Rural Development Agency under the technical and administrative control of the concerned Development Commissioner; and
(c) "border roads" means any kind of roads to be constructed mainly for the defence purposes by the Army or Border Roads Organisation or any of its agencies.
(2) Notwithstanding anything contained in sub-section (1) the District Planning and Development Board concerned may accord permission for construction of rural roads, execution of electric, irrigation and public health engineering works or such other developmental works when passing through demarcated or un-demarcated forests subject to the condition that the land required for the purpose does not exceed two hectare of forest land and the permission shall be accorded only once for an individual case without any further extension.
(3) Notwithstanding anything contained in any law for the time being in force, the Forest Department shall not be entitled to any compensation for any forest land for which permission has been accorded under sub-section (1) or sub-section (2) subject to the condition that area of such land does not exceed one hectare.
3. Constitution of Advisory Committee. - The Government may constitute a Committee consisting of such number of persons as it may deem fit to advise the Government with regard to-
(i) any matter referred to in section 2;
(ii) any other matter connected with the conservation of forests which may be referred to it by the Government.
4. Penalty for contravention of the provisions of the Act. - Whoever contravenes or abets the contravention of any of the provisions of section 2 shall be punishable with simple imprisonment for a period which may extend to fifteen days.