The Jammu and Kashmir Forest (Conservation) Act, 1992

(1) This Act may be called the Jammu and Kashmir Forest (Consenation) Act, 1992. (2) It exqends to the wlrole of the State of Jartimuand Kashmir. (3) It shall come into force at once.

Notwithstanding anything contained in any other law for the time being in force-- (a) the Government shall not. ,e\cept on a resolution of the Council of Ministers-- (i) ,make or issue any order or noffication 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 Go\,ernment or other authority shall have power to make or issue any oaer or notificat~o~~ In respect of any matter specified in clause (a). E~ylartation-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 purpose other than re-afforestation, but does not include any work relating or ancillary to conservation, development and management of forest and \i~ldl~fe, namcl!. the establ~shment of check posts. fire I~nes. \~rclcss. comnillnlcatlon and constniction of fenc~ng, bridges and cul\e~ts. dams, naterholds, trench nidrks, boundary marks, p~pc l~nes or other like purposes. Explartatiort &-For the purposes of this section "den~arcated forest" shall have the saliie meaning as assigned to il in the Forest Act. Sanivat 1987 (1923 A. D.) (Jamnlu and Kashmir/Act 11 of 1937)

--TIIC C;o\ crnmcnt may constltutc. ;I colnmlttcc consisting of sl~cll I ~ I I I ~ ~ C ~ or I)crsons ;IS 11 rii;~! decni fit to advise tllc Go\ crnmcnt \ 1111 rcgard lo-- (i) any nialtcr rcfcrrcd to 111 sccrlon 2 . (ii) any other matter conncctcd \~th thc consewallon of forests which may be refcrrcd to it by lie Governrnc~~t

(1) Whoever contravenes or abets the contravention of any of the provisions of section 2 shall be punishable with simple imprisonment for a perlod nl-r~cli may extend to fifteen days.

(I ) Where any offence under this Act has been committed--

(a) by any department of Government. the Hecd of the Department; or (b) by any authority, ekery person who, at the time the offence was committed, was directly incharge of, a1.d was respoasibl@ to the authority for {lie cc>~duct of the business of the authority as well as the authority,

shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly ; Provided that nothing contained in this sub-section shall render the Head of the Department, or an$ pfson referred to in clause (b) liable to any punishment if he proves that the offence was con~rnitted without his knowledge or that he exercised all due diligence to prevent the cornniission of such offence. (2) Notwithsta~l'ding anything qonlained in sub-scct~on (I), where an offence punishable under this Act has been committed by a Departnieiit of Government or any authority referrcd to in clause (b) of sub-section (1) and it is proved that the offence has been co~nmitted with the consent dr connivance of, or is attributable to any neglect on the part of any offiCer, ollicr than the Head of the Department or in the case of any authqrity, any person other than the persons referred to in clause (b) of sub-section ( I ) , such officer or person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Thc Go\crnmcn~~ nu!. by notification in the Government Gazette, make rules for carrying hut the purposes of this Act.

(1) The Jammu and Kashmir Forest (Conservation) Act, I990 is hereby repealed. (2) Notw5tlistandiug such repeal. anything done or any action taken under the Jammu and Kashlnir Forest (Consenfation) Act, 1990 shall be deemed to have been done or take& under the corresponding provisions of this Act.