The Jammu and Kashmir State Forest Corporation Act, 1978

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.

Functions and Powers of the Corporation

Functions of the Corporation.--Subject to the provisions of this Act, and to any general or special directions of the Government, the functions of the Corporation shall be,--

1. (a) to undertake research and disposal of timber and exploitation of forest resources entrusted to it by the Government;
2. (b) to provide products and render technical advice to Government on matters relating to forestry;
3. (c) to manage, maintain and develop such forests as are transferred or entrusted to it by the Government till these are handed back to the Government; and
4. (d) to perform such other functions as the Government may from time to time require.

Powers of the Corporation.--(1) The Corporation shall, subject to the provisions of this Act, have power to do all such acts as may be necessary or expedient for carrying out its functions under this Act.

1. (2) Without prejudice to the generality of the foregoing provisions such power shall include the power,--
   • (a) to purchase, maintain and manage immoveable and moveable properties;
   • (b) to enter into such contract or contracts with any person as the Managing Director may deem necessary for its efficient performance under this Act.

Powers of Managing Director and others.--The Corporation may appoint such other officers and employees of the Government as it may consider necessary for the efficient performance of its functions on such terms and conditions as may be agreed upon.

1. (e) to incur expenditure and grant advances for the purposes of this Act.

Fund of the Corporation.--(1) The Corporation shall have its own fund to which shall be credited all moneys of the Corporation.

1. (2) The fund shall be applied towards meeting the Corporation's expenses while performing its functions under this Act.
2. (3) All moneys constituting the fund shall be kept in the Jammu and Kashmir Bank as may be determined by the Corporation: Provided that nothing in this sub-section shall be deemed to preclude the Corporation from retaining such balances in cash as may be required for current payment of day to day expenditure at any time.
3. (4) At the close of the financial year, the surplus, if any, that may accrue to the Corporation shall be paid to the State exchequer as revenue: Provided that in determining the surplus, the Corporation shall take into account all sums due on account of taxes, repayment of loans, liabilities incurred but not redeemed and such reserves as the Government may prescribe for the Corporation to create and maintain for the smooth running of the affairs of the Corporation.

Subventions to the Corporation.--The Government may, after due appropriation by law of the State Legislature, from time to time, make subventions to the Corporation for the purposes of this Act on such terms and conditions as the Government may determine.

Loan to the Corporation.--The Government may advance loans to the Corporation for the purposes of this Act on such terms and conditions as the Government may determine.

Repayment of loans.--The Corporation shall make such provision for the repayment of any loan raised by it, as may be prescribed.

Accounts and Audit.--(1) The Corporation shall maintain proper accounts and prepare annual statement of accounts including balance sheet.

1. (2) The accounts of the Corporation shall be audited annually by such qualified Chartered Accountants as the Government may appoint. The Auditor so appointed shall have the right to demand the production of books, accounts and connected vouchers, documents and papers and to inspect any of the offices of the Corporation.
2. (3) The accounts of the Corporation, as certified by the Auditor or any person authorised by him in that behalf together with the audit report shall be forwarded annually to the Government.
3. (4) The Government shall,--
   • (a) cause the accounts of the Corporation together with the audit report thereon, received by it under sub-section
4. (3) to be laid annually before each House of the State Legislature; and
   • (b) cause the accounts of the Corporation to be published in the prescribed manner and make available copies thereof for sale at a reasonable price.

Liability for loss, damage etc.--(1) The Chairman, Vice-Chairman, the Managing Director or any other member or any employee of the Corporation shall be liable to damages for the loss, waste or misapplication of any money or property of the Corporation, if such loss, waste or misapplication is a direct consequence of his misconduct while acting as such Chairman, Vice-Chairman, Managing Director or member or employee.

1. (2) The procedure for fixing liability shall be such as may be prescribed.

Directions on the question of policy.--(1) In the discharge of its functions under this Act, the Corporation shall be guided by such directions on questions of policy as may be given to it by the Government.

1. (2) If any question arises whether any matter is not a matter on which the Government may issue a direction under sub-section
2. (1) the decision of the Government thereon shall be final.

Annual Report.--(1) The Corporation shall, as soon as may be before the end of each financial year, prepare and submit to the Government before such date and in such form as the Government may direct, a report giving a true and full account of its activities during the previous financial year and such report shall also give an account of the activities, if any, which are likely to be undertaken in the next financial year and the Government shall cause such report to be laid before each House of the State Legislature as soon as may be after it is received by the Government.

1. (2) The Corporation shall furnish to the Government at such times and in such form and manner as the Government may require, such returns and statements and such particulars in regard to any proposed account as the Government may from time to time require.

Local Bodies to assist the Corporation.--(1) Every local body shall render such assistance and furnish such information to the Corporation and make available for its inspection and examination such records, maps, plans and other documents as it may require in connection with the performance of its functions under this Act.

1. (2) Notwithstanding anything contained in any other law for the time being in force, the Government may give to any local body such directions as in its opinion are necessary or expedient for enabling the Corporation to perform its functions under this Act and thereupon it shall be the duty of the local body to comply with such directions.

Protection of action taken in good faith.--No suit, prosecution or other legal proceedings shall lie against the Corporation or the Chairman or the Vice-Chairman or the Managing Director or any other member thereof or any employee of the Corporation for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

Members etc. deemed to be public servants.--The Chairman, Vice-Chairman, Managing Director and other officers and employees of the Corporation shall be deemed to be, while acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the State Ranbir Penal Code.

Delegation of powers and functions.--Managing Director or any other officer [ILLEGIBLE]

Recovery of sums.--All sums due to the Corporation shall be recoverable as arrears of land revenue:

Power to make rules Power to make rules.--(1) The Government may, within one year of the commencement of this Act by notification in the Government Gazette, make rules for carrying out the purposes of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) the manner in which the Sinking Fund shall be applied under section;
   • (b) the procedure in regard to the publication of the audited annual accounts of the Corporation;
2. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the House agree that the rule should be either modified or annulled, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Regulations.--(1) The Corporation may, with the previous approval of the Government, make regulations not inconsistent with this Act and the rules made thereunder for the administration of the affairs of the Corporation.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :-
   • (a) salaries and allowances and other conditions of service of employees of the Corporation;
   • (b) the times and places of meetings of the Corporation and the procedure in regard to the transaction of business at such meetings;
   • (c) any other matter which has to be or may be prescribed by regulations.
2. (3) The Government may, by notification in the Government Gazette, rescind any regulations which may be so made by the Corporation and thereupon the regulations shall cease to have effect.
3. (4) The Corporation may, with the previous approval of the Government and any regulations so made, may be altered or rescinded by the Corporation in the exercise of its powers under sub-section (1).