The Jammu and Kashmir Nationalisation of Forest Working Act, 1978

1. Shop$ %tae.-mb Act may be called the Jammu and Kashmir Nationalis, - a of Fureat Working Act, 1978.

2. Dt?ltaaiWer'bt,c- Kn this Act, all expressions used but not defined shall have Sbe 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 con4ained in any law, rule, instrument, agree ment or contract or in any judgement, decree or order of any court or authority- (a) as from the commencement of the Jammu and Kashmir Na- tionalisation of Forest Working Ordiriance, 1986 (V of 1986) no per- son 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 d the State ; (b) any lease, contract or authority in existence at the commen- cement 0-f the Jammu and Kashmir Nationalisation of Forest Working Ordinance, 1986 (V of 1986) for felling of trees or conversion or ex- trnction of timber from such trees or for removal of timber from the demarcated forest shall cease to have effect and right which might have accrued to any person under any such contract, a'greement or authority shall stand extinguished and shall vest in the State : Provided that nothing in clause (b) shall effect the right of the Gov- ernment to recover any amount payable to it on account of royalty, interest. compensation, penalty or any olther 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.

(a) any t x t i n g d d l ~ 04 right, cessation of !ease, contract or swhority or vecting of my timber in tb %ate or declaration of any timber as the the St*, under any'law, rule or order or a under any agreement, contract or instrument prior to the commencement of this Aat, shall be and shall be deemed always to have been validity made oh done and all acts done, proceedings taken or orders issued for purposes of or in relation to any such extinguishment of rights, cessition of leases, vesting of timber in the State or dtchration 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 Statc or declared to be the property of the State under or by virtue of any law, rule, order, lease, agreement or contract at any timber prior to the commencement of this Act shall be disposed of by the Government in such manner as it may driect.

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 royalty, intercst, compensat'm or any ot!~er sum chargeable from any person under any law, rule, agreement contract or instrument or order of any autholity, before the commencement of this Act and every such right of the Government shall continue to be valid and enforceable and shall always be deemzd to have been valid and enforceable in law, notwithstanding that such law, rule, agreement, contrac! or instrument or order of <any authority, ceased to have effect at any time before the commencement of thi, Act.

In respect of timber for which amount is payable under the Jammu and Kashmir N'ationali- sation of Forest Working Ordinance 1986 (V of 1986) and which has not been paid, there shall be paid an amount to be determinsd in- accordsncc with the followine: nincniles by an authority to be appoint- & b> '%verrri.r (a) actual expenditure Incur i , on the felling and conversi~n of timber and its transportation ; (b) any cost incidential to such felling, convembn and transport ation ; (c) cost of working apital employed far the above operations to be paid at the rate of 1 S q per amurn : (9) any other cost which in the opinion of the authority has been incurred but is not covered by the above provision to be paid. (e) any royalty alreidy paid to the Government in mpwt d ruch timber to be refunded.

Nothing contained in this Act shall prevent or restrict any operation involved in felling or ex- traction of any tree, conversion of any timber or forest produce in any demarcated forest or transportation or sale of any timber or forest produce, by the State Forest Department or the Jammu and Kashrnir state Forest Corporation or their authorised agents appointed for all or any one of such operations.

Nothing contained in this Act sshnsll prejudice the right of a person entitled to obtain timber on concessional rates to fell or con- vert tim55r in accordance with the orders issued by competent authori- ty ~nder the provisions of the Jammu and Kashmir Forest Act, Samvat 1987 and rules thereunder.

Any person who contravenes the provisions of this Act or abets the contravention thereof shall be punishable with im- prisonment for a term which may extent to five years but shall not be less than three years.

The Government may make d o 1 for carqying out the purposes of this Act.

(1) The Jammu and Kashmir Xationli- sation of Forest Working Ordinance, 1986 (v of 1986) is hereby re- pealdm (2) Notwithstmding such repeal anything done, any actlon talcen or any saving made (including any appointment made or any amount determined or paid or any notification or order issued) shan be deemed to have been done, taken or made under the correspond- ing provisions of this Act.