Jammu and Kashmir Mulberry Protection Act, 2006 (1949 A. D.)
No: 10 Dated: Oct, 03 2006
THE JAMMU AND KASHMIR MULBERRY PROTECTION ACT, 2006 (1949 A. D.)
(Act No. X of Samvat 2006)
An Act to define and declare the law relating to Mulberry Culture in the Union territory of Jammu and Kashmir.
WHEREAS it is expedient to define and declare the law relating to mulberry culture in the Union territory of Jammu and Kashmir ;
It is hereby enacted as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. —(1) This Act may be called the Jammu and Kashmir Mulberry Protection Act, 2006.
(2) It extends to the whole of the Union territory of Jammu and Kashmir ; but its provisions shall, for the time being, apply to the province of Jammu and Province of Kashmir except the Karnah Tehsil and to such other areas as the Government may, by notification in the Government Gazette, declare to be areas to which this Act applies.
(3) It shall come into force on such date as the Government may by notification appoint in this behalf.
2. Repeal.— All laws, rules, ailans and orders relating to any of the matters dealt within this Act, in force in 1 the Union territory of Jammu and Kashmir or any part thereof before the commencement of this Act, shall, so far as they are repugnant to the provisions of this Act, be deemed as repealed :
Provided that all orders issued, powers conferred, forms prescribed, appointments and rules made under any law, rule, ailan or order hitherto in force, shall be deemed to have been respectively issued, conferred, prescribed and made under this Act.
3. Definitions.–– In this Act unless there is anything repugnant in the subject or context,—
(1) “damaging a mulberry tree” means—
(i) cutting of a mulberry tree ;
(ii) lopping or pruning of a mulberry tree or a branch thereof except for purposes of silkworm rearing ;
(iii) plucking of leaves of a mulberry tree for any purpose other than silkworm rearing ;
(iv) injuring or destroying a mulberry tree or reducing its value or utility in any other way or by any means whatsoever ;
(2) “emergency” means any event or combination of circumstances which cause imminent danger to human life or property.
(2a) “Government” means the Government of the Union territory of Jammu and Kashmir.
Explanation.—A fallen mulberry tree causing—
(a) overflow of water in a canal or unstability in the position of its bank ;
(b) obstruction in traffic or in the means of irrigation ; or
(c) interference with the working of electric, telegraph or telephone lines ; is a case of emergency as defined above ;
(3) “mulberry tree” includes all varieties of mulberry trees, foreign or local, irrespective of age, size or value ;
(4) “private land” means all land not owned by the Union territory of Jammu and Kashmir, whether assessed to land revenue or not ;
(5) “State land” means all land owned by the Union territory of Jammu and Kashmir and shall, for the purposes of this Act, also include Kahcharai land and Shamilat Deh.