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State of Jammu-Kashmir - Section

Section 6 in The Jammu and Kashmir Forest Act, 1987 (1930 A.D.)

6. Acts prohibited in such forests.

- Any person who-
(a)sets fire to a demarcated forest, or kindles any fires, or leaves any fire burning in such manner as to endanger such a forest; or who in a demarcated forest-
(b)kindles, keeps or carries any fire except at such seasons as the Conservator of the Circle may from time to time notify in this behalf;
(c)causes any damage by negligence in felling any tree or cutting or dragging any timber;
(d)fells, girdles, lops, taps, or burns any tree, or strips off the bark or leaves from, or otherwise damages, the same ;
(e)quarries stone, burns lime or charcoal or collects, subject to any manufacturing process, or removes, any forest produce ;
(ee)[ knowingly receives or is in possession of illicit forest produce; ] [Inserted by Act V of 1980, Section 3.]
(f)clears or breaks up any land [or erects a fence, enclosure or any structure] [Substituted by Act XL of 1962 for 'or erects a fence or enclosure'.] for cultivation [or cultivates or attempts to cultivate any land in any other manner in any demarcated forest or for any other purpose] [Substituted by Act XXIV of 1997, Section 3, for 'any other purpose'.];
(g)in contravention of any rules which [the Government] [In sections 3, 5, 6, 9, 10, 11, 12, 14, 15, 16, 19, 25, 34, 38, 45 and 47 the words 'the Government' substituted for the words 'His Highness the Maharaja Bhadur' by Act X of Svt. 1996.] may from time to time in the Jammu and Kashmir Government Gazette prescribed, hunts, shoots, fishes, poisons water or sets traps or snares ;
(h)in such forest or part thereof duly declared to be, closed by competent authority trespasses cattle or pastures cattle, or permits cattle to trespass ; or
(i)removes or damages the utensils, lips, nails or other articles fixed to trees for the collection of resin ;
(j)[ installs or establishes a saw mill or forest based industry within such limits outside the demarcated forest to be prescribed by the Government from time to time;] [Inserted by Act XXIV of 1997, Section 3.]
[shall be punished with imprisonment for a term which may extend to two years but shall not be less than three months and with fine which may extend to six thousand rupees but shall not be less than one thousand rupees. If the conviction relates to clause (f), the Judicial Magistrate shall order for the restoration of the land to the Forest Department] [Substituted by Act V of 1980 for certain words, Section 3.],Nothing in this section shall be deemed to prohibit-
(a)any act done by permission in writing of a Forest Officer, or under any rule made by [the Government] [In sections 3, 5, 6, 9, 10, 11, 12, 14, 15, 16, 19, 25, 34, 38, 45 and 47 the words 'the Government' substituted for the words 'His Highness the Maharaja Bhadur' by Act X of Svt. 1996.] ; or
(b)the exercise of any right created by grant or contract in writing or concession, made by or on behalf of [the Government.] [In sections 3, 5, 6, 9, 10, 11, 12, 14, 15, 16, 19, 25, 34, 38, 45 and 47 the words 'the Government' substituted for the words 'His Highness the Maharaja Bhadur' by Act X of Svt. 1996.]
[6A. Compensation for loss or damage. - Any person who causes any loss or damage to any demarcated or undemarcated forest or encroaches upon such forest shall be liable to compensate the Government. The remedy available under this section shall be without prejudice and in addition to any remedy that the Government may have under any law in this regard.] [Section 6-A inserted by Act VI of 1988, Section 2.]