Chapter I Chapter I

Preliminary

Short title, extent and commencement.--

1. (1) This Act may be called the Jammu and Kashmir State Forest Corporation Act, 1978.
2. (2) It extends to the whole of the State of Jammu and Kashmir.
3. (3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint in this behalf.

Definitions.--In this Act, unless the context otherwise requires,--

1. (a) "Corporation" means Jammu and Kashmir State Forest Corporation, established under this Act;
2. (b) "Government" means the Government of Jammu and Kashmir State.
3. (c) "Local Body" means the Municipal Committee, Town Area Committee or Notified Area Committee, Panchayat or any other local body established under any other law in the State.
4. (d) "Managing Director" means the Managing Director of the Corporation appointed under sub-section

1. (1) of section 4;
   • (e) "rule" means rule made under this Act;
   • (f) "Regulations" means regulations made under this Act,

Establishment of Corporation.--

1. (1) The Government may, by notification in the Government Gazette, establish a Corporation by the name of the Jammu and Kashmir State Forest Corporation.
2. (2) The Corporation shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and may sue and be sued in its corporate name and shall have the power to acquire, hold and dispose of property for the purposes of this Act.
3. (3) The Corporation shall for all purposes be a local authority.
4. (4) The Corporation shall have its head office at Srinagar.

Constitution of Corporation.--

1. (1) The Corporation shall consist of the following members, namely:--
   • (a) Minister Incharge Forest;
   • (b) Minister of State or Deputy Minister of Forests, if any.
   • (c) Seven members to be nominated by the Government, of which two shall be experienced in forestry and one in finance and two shall be non-officials;
   • (d) The Government may, by notification, appoint one of the members as Managing Director of the Corporation who shall be a person having practical experience in the commercial management of forests and timber business.

Disqualification for being a member.--A person shall be disqualified to be nominated as, and for being a member of the Corporation, if he--

1. (a) has been convicted by a criminal court of any offence which involves moral turpitude; or,

Salaries and allowances.--

1. (1) The Managing Director shall be entitled to draw such salaries and allowances and be subject to such other conditions of service as may be prescribed.
2. (2) The employees of the Corporation shall be entitled to receive from the fund of the Corporation such salaries and allowances and shall be governed by such conditions of service as may be determined by regulations.

Control by Managing Director.--Subject to the superintendence of the Corporation, the general control over the employees of the Corporation shall be vested in the Managing Director.

Meetings.--

1. (1) The Corporation shall meet at such times and places and shall observe such procedure in regard to the transaction of business in its meetings as may be determined by regulations.
2. (2) In the absence of the Chairman and the Vice-Chairman, any other member elected by the members present from amongst themselves shall preside at the meeting of the Corporation.
3. (3) All questions at the meeting of the Corporation shall be decided by a majority of votes of the members present and in the case of equality of votes, the Chairman, the Vice-Chairman or the member presiding shall have a second or casting vote.

[Disclosure of interest].--[He shall] disclose the nature of his interest to the Corporation and shall not be present at any meeting when any such contract, loan, or proposal is discussed unless his presence is required by other members for the purpose of eliciting information, and no member so required to be present shall vote on any such contract, loan, engagement or proposal.

Acts not to be invalidated by vacancy etc.--No act done or proceedings taken under this Act, by the Corporation shall be deemed to be void by reason only of any vacancy or defect in the Constitution of the Corporation.