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State of Jammu-Kashmir - Section

Section 48 in The Jammu and Kashmir Forest Act, 1987 (1930 A.D.)

48. Persons bound to assist Forest and Police Officers.

- Every person who exercises any right or enjoys any concession or privilege in a demarcated or undemarcated forest, or who is permitted to take any forest produce from, or to cut.and remove timber or to pasture cattle in such forest, andEvery person who is employed by any such person in such forest [or within five miles of its boundary, and] [Inserted by R. D. Notification No. 21 dated 18th May, 1993 published in Government Gazette dated 19th Jeth, 1990.]every person in any village [within five miles radius of such forest] [Inserted by R. D. Notification No. 21 dated 18th May, 1993 published in Government Gazette dated 19th Jeth, 1990.] who is employed by the Government, or who receives emoluments from the Government for services to be performed to the community,shall be bound to furnish without unnecessary delay to the nearest Forest Officer or Police Officer any information he may possess respecting the Commission of, or intention to commit, any forest offence, and shall assist any Forest Officer or Police Officer-(a)in extinguishing any fire occurring in such forest;(b)in preventing any fire, which may occur in the vicinity of such forest from spreading to such forest; and shall assist any Forest Officer or Police Officer demanding his aid ;(c)in preventing the commission in such forests of any forest offence ; and(d)when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender.[48A. Penalty for unauthorisedly taking possession of land constitutes as demarcated or undemaracted forest. - (1) Any person who unauthorisedly takes or remains in, possession of any land in areas constituted as demarcated or un-demarcated forest under section 3 or section 11, as the case may be, may, without prejudice to any other provision of this Act. be summarily ejected by order of a Forest Officer not below the rank of a Divisional Forest Officer and any crop which may be standing on such land or any building or other work which may be have constructed thereon, if not removed by him within such time as such Forest Officer may fix, shall be liable to forfeiture :Provided that no order of ejectment under this sub-section shall be passed unless the person proposed to be ejected is given a reasonable opportunity of showing cause why such an order should not be passed.
(2)Any property so forfeited shall be disposed of in such manner as the Forest Officer may direct and the cost of removal of any crop, building or other work and, of all works necessary to restore the land to its original condition shall be recoverable from such person in the manner provided in section 52.
(3)Any person aggrieved by an order of the Forest Officer under sub-section (1) may, within such period and in such manner as may be prescribed appeal against such order to the government or to such officer as may be authorised by the Government in this behalf and the order of the Forest Officer shall, subject to the decision in such appeal, be final.
(4)The provisions of this section shall apply to such areas and on such dates as the government may, by notification, specify and different dates may be specified for different areas.] [Inserted by Act XVII of 1971, section 5.]