76. Additional powers to make rules.—

The ¹ [State Government] may make rules—

(a) to prescribe and limit the powers and duties of any Forest-officer under this Act;

(b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act;

(c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and

(d) generally, to carry out the provisions of this Act.

(1. Subs. by the A.O. 1950, for “Provincial Government”.)

STATE AMENDMENT

Jammu and Kashmir and Ladakh (UTs).—

Section 76A.-After section 76, insert the following section, namely:-

76A. Power to regulate manufacture and preparation of articles based on forest produce.-

(1) The Government of Union territory of Jammu and Kashmir may make rules,–

(a) to provide for the establishment, and regulation by licence, permit or otherwise (and the payment of fees thereof), of saw mills, timber depots, firewood depots and other units including the factories or industries engaged in the consumption of forest produce or manufacture or preparation of the following articles:-

(i) katha (catechu) or kutch out of khairwood;

(ii) rosin, turpentine, other products out of resin, and wood oil;

(iii) plywood, veneer and wood-based products;

(iv) match boxes and match splints;

(v) boxes including packing cases made out of wood;

(vi) joinery and furniture items made out of wood;

(vii) charcoal, lime stone and gypsum;

(viii) such other articles based on forest produce as the Government of Union territory of Jammu and Kashmir may, by notification in the Official Gazette, from time to time, specify;

(b) to provide for the regulation by licence, permit or otherwise, of procurement of raw material for the preparation of articles mentioned in clause (a), the payment and deposit of fees therefor and for due compliance of the condition thereof, the forfeiture of the fees so deposited or any part thereof for contravention of any such condition and adjudication of such forfeiture by such authority as the Government of Union territory of Jammu and Kashmir may, by notification, specify.

(2) The Government of Union territory of Jammu and Kashmir may provide that, as the contravention of any rules made under this section shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or both.

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]

77. Penalties for breach of rules.—

Any person contravening any rule under this Act, for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to one month, or fine which may extend to five hundred rupees, or both.

STATE AMENDMENT

Jammu and Kashmir and Ladakh (UTs).—

Section 77.-For the words “extend to one month, or fine which may extend to five hundred rupees”, substitute the words “extend to two years or with fine which may extend to twenty five thousand rupees”.

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] 

78. Rules when to have force of law.—

All rules made by the ¹ [State Government] under this Act shall be published in the ² [Official Gazette], and shall thereupon, so far as they are consistent with this Act, have effect as if enacted therein.

(1. Subs. by the A.O. 1950, for “Provincial Government”.)

(2. Subs. by the A.O. 1937, for “Local Official Gazette”)