Jammu and Kashmir act 016 of 2000 : The JAMMU AND KASHMIR WILLOW (PROHIBITION ON EXPORT AND MOVEMENT) ACT, 2000

Section 1.Short title, extent and commencement.

(1) This Act may be called the Jammu and Kashmir Willow (Prohibition on Export and Movement) (Amendment) Act, 2000.

(2) It extends to the ²[whole of the Union territory of Jammu and Kashmir].

(3) It shall come into force on the date of its publication in the ^*[Government Gazette].

2. Substituted for “whole of the State of Jammu and Kashmir” by S.O. 1229(E) dated 31.03.2020.
* Now Official Gazette.

Section 2.Definitions

In this Act, unless the context otherwise requires,—

(a) “Prescribed” means prescribed by rules made under this Act ;

(b) “Willow” means and includes all types of willow in sawn, unsawn and unfinished cleft form but does not include finished end products of willow in the form of wooden, handicrafts and sports goods in a finished condition ;

(c) all other words and phrases not defined in this Act but defined in any other law for the time being in force in the State, shall have the same meaning as assigned to it in such other law.

Section 3.Prohibition on the carriage and export of willow.

Notwithstanding any provisions to the contrary contained in any other law for the time being in force in the ³[Union territory of Jammu and Kashmir] and also notwithstanding any order, decree and judgement of any court and any contract, practice or usage to the contrary, willow of any species in any form shall not be carried or exported to any place outside the ¹[Union territory of Jammu and Kashmir] ²[except under general or specific orders of the Government or of an authority designated by it for the purpose and subject to such conditions as the Government may specify].

3. Construed for “State” by S.O. 3912(E) dated 30.10.2019.
1. Construed for “State” by S.O. 3912(E) dated 30.10.2019.
2. Added by Act IX of 2002, s. 2.

Section 4.Seizure and confiscation.

(1) Any forest officer as defined to such in ³[the Forest Act, 1927 (16 of 1927)], any police officer not below the rank of Assistant Sub-Inspector and any officer not below the rank of Manager of the District Industries Centre designated for the purpose by the prescribed authority or any other person specially empowered in this behalf by the Government may seize the willow and the carrier in which it is being carried, if he finds or has the reasons to believe that the willow is being carried for export or attempted to be carried for export in violation of the provisions of section 3 of this Act.

(2) The willow and the carrier seized under sub-section (1) shall be liable to confiscation in the manner and in accordance with the procedure to be prescribed by the Government.

3. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Jammu and Kashmir Forests Act, Samvat 1987”.

Section 5. Penalities.

Any person who violates or attempts to violate the provisions of section 3 of this Act, shall be punished with imprisonment for a term which may extend to three years and shall also to be liable to fine which may extend to rupees one lakh.

Section 6.Appeals

Any person aggrieved of any order of confiscation passed under sub-section (2) of section 4, may prefer an appeal to the Principal Chief Conservator of Forests or such authority as may be prescribed, within a period of 30 days from the date of passing of such an order.

Section 7. Offence to be non-bailable and cognizable.

All offences committed under this Act shall be non-bailable and cognizable.

Section 8.Power to make rules.

The Government may by notification in the ^*[Government Gazette], make rules to carry out and give effect to the provisions of this Act.

* Now Official Gazette