Jammu and Kashmir Nationalization of Forest Working Act, 1987
No: 7 Dated: Apr, 21 1987
THE JAMMU AND KASHMIR NATIONALISATION OF FOREST WORKING ACT, 1987
(Act No. VII of 1987)
An Act to further ensure the completion of process of Nationalization of Forest working in the state in the public interest.
1. Short Title. - This Act may be called as the Jammu and Kashmir Nationalization of Forest Working Act, 1987.
2. Definitions. - In this Act, all expressions used but not defined shall have the same meaning as is assigned to them under the Forest Act, Samvat 1978.
3. Ban on Forest Working by Private persons. - Notwithstanding anything to the contrary contained in any law, rule, instrument, agreement or contract or in any judgment, decree or order of any court or authority-
(a) as from the commencement of the Jammu and Kashmir Nationalization of Forest Working Act, 1987, no person shall fell any tree or convert any timber or carry on the felling of any tree or conversion or removal of any timber in any demarcated forest of the state;
(b) any lease, contract or authority in existence at the commencement of the Jammu and Kashmir Nationalization of Forest Working Ordinance, 1986 for felling of tress or conversion or extraction of timber from such trees or for removal of timber from the demarcated forest shall have cease to have effect and right which might have accrued to any person under such contract, agreement or authority shall stand extinguished and shall vest in the state:
Provided that nothing in clause (b) shall have the right of the Government to recover any amount payable to it on account of royalty, interest,compensation,penalty or any other sum chargeable from any person by virtue of any lease, contract or authority referred to above in the manner provided for in any such lease, contract or authority.
4. Vesting of Timber in the State. - Notwithstanding anything to the contrary contained in any law, rule, instrument, agreement or contrary or in any judgment ,decree or order of any Court or Authority-
(a) any extinguishment of right, cessation of lease, contract or authority or vesting of any timber in the state or declaration of any timber as the property of the state, under any law, rule or order or under any agreement ,contract or instrument or prior to the commencement of this Act, shall be and shall be deemed always to have been validity made or done and all acts done, proceedings taken or orders issued for purposes of or in relation to any such extinguishments of rights, cessation of leases, vesting of timber in the state or declaration of timber as the property of the state, shall be and shall always be deemed to be good and valid in law; and
(b) any timber already vested in the state or declared to be the property of the state under or by virtue of any law, rule, order, lease, agreement or contract at any time prior to the commencement of this Act shall be disposed of by the Government in such manner as it may direct.
5. Right of the Government to recover the amount. - Nothing shall effect, abridge or take away or be deemed ever to have effected, abridged or taken away the right of the Government to recover any amount payable to it on account of royality, interest, compensation or any other sum chargeable from any person under any rule, law, agreement, contract or instrument or order of any authority, before the commencement of this Act and every such right of the Government shall continue to be valid and enforceable and shall always be deemed to have been valid and enforceable in law, notwithstanding such law, rule, agreement, contract or instrument or order of any authority, ceased to have effect at any time before the commencement of this Act.