The uttar pradesh forest corporation act, 1974

33 THE UTTAR PRADESH FOREST CORPORATION ACT, 19741 [U. P. ACT No. IV OF 1975] [Passed in Hindi by the Uttar Pradesh Legislative Assembly on February 27, 1974 and by the Uttar Pradesh Legislative Council on February 26, 1975. Received the assent of the Governor on March 6, 1975 under Article 200 of ‘the Constitution of India’, and was published in the Uttar Pradesh Gazette Extraordinary, dated March 13, 1975.] AN ACT to provide for the establishment of a corporation for better preservation, supervision and development of forests and better exploitation of forest produce within the State and for matters connected therewith. IT IS HEREBY enacted in the Twenty-fifth Year of the Republic of India as follows :- . CHAPTER I Preliminary Short title, 1. (1) This Act may be called the Uttar Pradesh Forest Corporation Act, 1974. extent and commencement (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force on such date as the State Government may, by notification in the Gazette, appoint in this behalf. Definition 2. In this Act, unless the context otherwise requires - (a) "Corporation" means the [Uttarakhand]3 Forest Development Corporation established under section 3-A]2 under section 3; (b) "local body" means a Nagar Mahapalika, Municipal Board, Town Area. Committee, Notified Area Committee Zila Parishad, Antarim Zila Parishad, Kshettra Samiti or Gaon Sabha ; (c) "Managing Director" means the Managing Director of the Corporation appointed under clause (a) of sub-section (1) of section 4; (a) "Prescribed" means prescribed by rules made under this Act; (e) "regulations" means regulations made under this Act ; (f) "State Government" means the Government of [Uttarakhand]3. 1. For S.O.R. see U.P. Gazette Extraordinary, dated August 22, 1975. 2. Inser. by section 2 (a) of Uttarakhand Act No. 07 of 2001. 3. Subs. by section 2 of Uttarakhand Act No. 04 of 2011. 34 [The Uttar Pradesh Forest Corporation Act, 1974] [Section 3-5] CHAPTER II Establishment and Constitution of the Corporation Establishment 3. (1) The State Government shall, by notification in the Gazette and with effect of the from a date to be specified therein, constitute a corporation by the name of Corporation the [Uttarakhand]2 Forest Corporation. (2) The Corporation shall be a body corporate 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) The Corporation shall for all purposes be a local authority. (4) The Corporation shall have its head office at Lucknow and may have offices at such other places as it may consider necessary. [3-A (1) The State Government of [Uttarakhand]2 shall, by notification in the gazette and with effect from the date to be specified therein, constitute a corporation by the name of [Uttarakhand]2 Forest Development Corporation. (2) The Corporation shall be a body corporate having a 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 off property for the purpose of this Act. (3) The Corporation shall for all purposes be a local authority. (4) The [Uttarakhand] Forest Development Corporation shall have its head office at Narendranagar and may have offices at such places as it may consider necessary. (5) The area of operation of the Uttarakhand Forest Development Corporation shall be the entire territory of the State of Uttarakhand, in respect of which the Uttar Pradesh Forest Corporation will cease to function and operate with effect from the date the [Uttarakhand]2 Forest Development Corporation is notified in the gazette.]1 Constitution of 4. (1) The Corporation shall consist of a Chairman, to be appointed by the State the corporation Government and the following other members; namely-- (a) five members to be appointed by the State Government from amongst the officers serving under it, one of whom shall be appointed as the Managing Director of the Corporation; and (b) not more than three non-official members to be appointed by the State Government from amongst the persons who in it opinion possess experience in mutters relating to the preservation and development of forests. (2) The appointment of the Chairman and other members shall be notified in the Gazette. Disqualifica- 5. A person shall be disqualified to be appointed as, and for being the Chairman tions for being or other member of the Corporation, if he- chairman or other member 1. Inser. by section 2 (a) of Uttarakhand Act No. 07 of 2001. 2. Subs. by section 2 of Uttarakhand Act No. 04 of 2011. 35 [The Uttar Pradesh Forest Corporation Act, 1974] [Section 6-7] (a) has been convicted of an offence which in the opinion of the State Government involves moral turpitude; or (b) is an undischarged insolvent; or (c) is physically or mentally incapable of acting as such member; or (d) in the opinion of the State Government has failed to act or has become incapable of acting in the best interests of the Corporation or has so abused his position as the Chairman or other member, as to render his continuance as such detrimental to the interests of the Corporation or the general public; or (e) has directly or indirectly by himself or by any partner, employer or employee any share or interest, whether pecuniary or of any other nature, in any contract or employment, with, by, or on behalf of the Corporation; or (f) is a director, secretary, manager or other officer of any company which has any share or interest in any contract or employment with by, or on behalf of the Corporation : Provided that a person shall not be disqualified under clause (e) or clause (f) by reason only of his or the company in which he is a director, secretary, manager or other officer having a share or interest in- (i) any sale, purchase, lease or exchange of immovable property or any agreement for the same; (ii) any agreement for loan of money, or any security for payment of money only; (iii) any newspaper in which any advertisement relating to the affairs of Corporation is published; (iv) an occasional sale to the Corporation up to a value not exceeding ten thousand rupees in any year, of any article in which he or the company regularly trades. Explanation-- A person shall not be deemed to have any share or interest in any contract or employment with, by, or on behalf of the Corporation by reason only of his being a share-holder of the company which has such share or interest. Term of office 6. (1) The term of office of the Chairman, if he is not, an officer serving under the of the State Government or of a non-official member of the Corporation shall be Chairman and three years unless it is determined earlier by the State Government by non-official notification in the Gazette. members (2) The Chairman or a non-official member of the Corporation may at any time, by writing under his hand addressed to the State Government, resign his office and on such resignation being accepted he shall be deemed to have vacated his office. Casual 7. (1) It the Chairman or any non-official member is, by infirmity or otherwise, vacancy rendered temporarily incapable of carrying on his duty or is absent otherwise, in circumstances not involving the, vacation of his appointment, the State Government may appoint another person to officiate for him and to carry out his functions under this Act. 36 [The Uttar Pradesh Forest Corporation Act, 1974] [Section 8-11] (2) A casual vacancy created by the resignation of the Chairman or any non- official member under sub-section (2) of section 6 or for any other reason shall be filled by fresh appointment and the Chairman or non-official members so appointed shall hold office for the remainder of the term of the Chairman or, as the case may be, of the non-official member in whose place he is so appointed. Appointment 8. (1) The Corporation may appoint such employees as it considers necessary for of employees the efficient performance of his function a under this Act : of the corporation Provided that the appointment of such employees as the State Government may, by general or special order, specify, shall be made in consultation with the Public Service Commission, [Uttarakhand]1 or with the approval of the State Government, as the State Government may direct. (2) The Corporation may, with the previous approval of the State Government, appoint an employee of the Central Government or the State Government or local body on such terms and conditions as may be agreed upon. Salaries and 9. (1) The Chairman and non-official members shall be entitled to draw such allowances traveling and daily allowances from the fund of the Corporation as may be determined by regulations. (2) The Managing Director and other 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 10. Subject to the superintendence of the Corporation, the general control over Managing the employees of the Corporation shall be vested in the Managing Director. Director Meetings 11. (1) The corporation shall meet at such times and places and shall observe such procedure in regard to the transaction of business in its meeting as may be determined by regulations. (2) The Chairman or in his absence, a member of the Corporation elected by the members present from amongst themselves, shall preside at the meeting of the Corporation. (3) All questions at the meetings of the Corporation shall be decided by majority of votes of the members present and voting and in the case of equality of votes, the Chairman, or in his absence the member presiding, shall have a second or casting vote. (4) The Chairman may invite any person to attend a meeting of the corporation for the purpose of assisting or advising it on any matter and the person so invited may take part in the discussions of the corporation but shall have no right of vote. 1. Subs. by section 2 of Uttarakhand Act No. 04 of 2011. 37 [The Uttar Pradesh Forest Corporation Act, 1974] [Section 12-15] Disqualifica- 12. A member who is directly or indirectly concerned or interested in any tion for contract, loan, arrangement or proposal, entered into or proposed to be participation in entered into by or on behalf of the Corporation shall at the earliest possible proceedings on opportunity disclose the nature of his interest to the Corporation and shall account of not be present at any meeting thereof when any such contract, loan, interest arrangement or proposal is discussed unless his presence is required by other members for the purpose of eliciting information and no member no required to be present shall vote on any such contract, loan, arrangement or proposal. Acts not to be 13. No act done or proceedings taken under this Act, by the Corporation shall be invalidated by deemed to be invalid by reason merely of any vacancy or defect in the vacancy etc constitution of the Corporation. CHAPTER III Functions and powers of the Corporation function of the 14. Subject to the provisions of this Act, and to any general or special directions Corporation of the State Government, the functions of the Corporation shall be following; namely- (a) to undertake removal and disposal of trees and exploitation of forest resources entrusted to it by the State Government; (b) to prepare projects relating to forestry within the State (c) to undertake research programmes relating to forests and forest products and render technical advice to State Government on matters relating to forestry ; (d) to manage, maintain and develop such forests as are transferred or entrusted to it by the State Government ; (e) to perform such functions as the State Government may from time to time require. Power of the 15. (1) The Corporation shall, subject to the provisions of this Act, have power to do corporation anything which may be necessary or expedient for carrying out its functions under this Act. (2) Without prejudice to the generality of the foregoing provision, such power shall include the power -- (a) to set up workshops or factories for processing forest raw materials; (b) to establish, maintain and operate laboratories and experimental and research stations ; (c) to enter into such contract or arrangement with any person as the Corporation may deem necessary for performing its functions under this Act; (d) to borrow money, issue debentures and manage its fund; and (e) to incur expenditure and grant loans and advances to such persons as the Corporation may deem necessary for performing its functions under this Act. 38 [The Uttar Pradesh Forest Corporation Act, 1974] [Section 16-21] Power of the 16. The Corporation may undertake the execution of any afforestation project at Corporation the request of the State Government or, with the previous approval of the to undertake State Government, at the request of any other person on such terms and Projects at the conditions as may be agreed upon. instance or other CHAPTER IV Finance, Accounts and Audit Fund of the 17. (1) The Corporation shall have its own fund which shall be a local fund and to corporation which shall be credited all moneys received by or on behalf of the Corporation. (2) The fund shall be applied towards meeting expenses incurred by the Corporation in the discharge of its functions under this Act and for no other purpose. (3) The money of the Fund shall be kept in the State Bank of India or in the [Uttarakhand]1 Co-operative Bank or in any Scheduled Bank : Provided that nothing in this sub-section shall be deemed to preclude the Corporation from retaining such balances in case as may be necessary for current payment or from investing any portion of the fund not required for immediate expenditure in any of the securities described in section 20 of the India Trust Act, 1882. Power of the 18. (1) The Corporation may from time to time, with the previous sanction of the corporation State Government and subject to the provisions of this Act and to such borrow conditions as the State Government may by general or special order determine, borrow any sum required for the purposes of this Act, whether by the issue of bonds or stocks or otherwise or by making arrangement with bankers. (2) Stock issued by to be Corporation under this section shall be issued, transferred, dealt with and redeemed in such manner as the State Government may, by general or special order, direct. Subventions to 19. The State Government may, after due appropriation by law of the State the Legislature, from time to time make subventions to be Corporation for the Corporation purposes of this Act on such terms and conditions as the State Government may determine. Loans to the 20. The State Government may, from time to time, advance loans to the Corporation Corporation for the purposes of this Act on such terms .and conditions as the State Government may determine. Repayment of 21. (1) The Corporation shall, for the purpose of repayment of any loan raised by it loans establish a Sinking Fund in such manner as may be prescribed. (2) The Sinking Fund shall be maintained, invested and applied in such manner as may be prescribed. 1. Subs. by section 2 of Uttarakhand Act No. 04 of 2011. 39 [The Uttar Pradesh Forest Corporation Act, 1974] [Section 22-24] Budget 22. The Corporation shall prepare, in such form and at such time every year as the State Government may direct, budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of the Corporation. Account and 23. (1) The Corporation shall maintain proper accounts and prepare an annual audit statement of accounts including balance-sheet in such form as the State Government may direct. [(2) The accounts of the Corporation shall be subject to audit annually by the Controller and Auditor General of India or any person authorized by him, and any expenditure incurred by him in connection with such audit shall be payable by the Corporation to the Controller and Auditor General of India or any person authorized by him. (3) The Controller and Auditor General of India or any person authorized by him in connection with the audit of accounts of the Corporation shall have the same rights, privileges and authority in connection with such audit as the Controller and Auditor General of India has in connection with the audit of the accounts of an Organization and, in particular, shall have right to demand the production of books, accounts, connected vouchers and other document and papers and to inspect the office of the Corporation. (4) The accounts of the Corporation as certified by the Controller and Auditor General of India or any person authorized by him in that behalf together with the audit report thereof shall be forwarded annually to the State Government.]1 (5) The State Government sha1l -- (a) cause the accounts of the Corporation, together with the audit report thereon, received by it under sub-section (4) 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. Surcharge 24. (1) The Chairman, the Managing Director, or any other member or any employee of the Corporation shall be liable to surcharge for the 1oss, waste or misapplication of any money or property of the Corporation if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such Chairman, Managing Director or other member or employee. (2) The procedure of surcharge shall be such as may be prescribed. (3) Any amount found to be involved in any such loss, waste or misapplication as a result of proceedings for surcharge shall be recoverable as arrears of land revenue. (4) Nothing in sub-section (3) shall prevent the Corporation from deducting any amount referred to therein from any sum payable by the Corporation to Chairman, Managing Director or other member or employee, as the case may be. 1. Substituted by section 2 of Uttarakhand Act No. 05 of 2012. 40 [The Uttar Pradesh Forest Corporation Act, 1974] [Section 25-29] CHAPTER V External Control Directors on 25. (1) In the discharge of its functions under this Act, the Corporation shall be questions of guided by such directions on questions of policy as may be given to it by the policy State Government. (2) If any question arises whether any matter is or is not a matter as respects which the State Government may issue a direction under sub-section (1), the decision of the State Government thereon shall be final. Annual 26. (1) The Corporation shall, as soon as may be after the end of each financial year Reports prepare and submit to the State Government before such date and in such form as the State Government may direct, a report giving an 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 by the Corporation in the next financial year and the State 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 State Government. (2) The Corporation shall furnish to the State Government at such times and in such form and manner as the State Government may direct such statistics and returns and such particulars in regard to any proposed or existing activities of the Corporation or any other matter under the control of the Corporation as the State Government may from time to time require. CHAPTER VI Miscellaneous Local bodies 27. (1) Every local body shall render such assistance and furnish such information to to assist the the corporation end make available for its inspection and examination such corporation records, maps, plan and other documents as it may require in connection with the performance of its, functions under this Act. (2) Notwithstanding anything contained in any other law for the time being in force, the State Government may give to any local body such directions as in its opinion are necessary or expedient for enabling the Corporation to perform its function a under this Act and thereupon it shall be the duty of the local body to comply with such directions. protection for 28. No suit, prosecution or other legal proceedings shall lie against the State action taken in Government or the Corporation or the Chairman or the Managing Director or good faith any other member thereof or any employee of the State Government or the Corporation for anything which is in good faith done or intended to be done under this Act or any rule made thereunder. Members etc. 29. The Chairman, Managing Director or other members and employees of the deemed to be Corporation shall be deemed, while acting or purporting to act in pursuance public servants of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code. 41 [The Uttar Pradesh Forest Corporation Act, 1974] [Section 30-33] Authentication 30. All proceedings of the Corporation shall be authenticated by the signature of of procee- the Chairman or as the case may be, of the member presiding in the meeting dings, orders of the Corporation in the absence of the Chairman, and all orders and other and other ins- instruments issued by the Corporation shall be authenticated by the signature truments of the of such employee of the Corporation as may be authorized by it in this Corporation behalf. Delegation of 31. (1) Subject to the provisions of this Act and the rules made thereunder the State powers Government may by general or special order delegate either unconditionally or subject to such conditions including the condition of review by itself, as may be specified in the order to the corporation such of its powers and duties under the Indian Forest Act, 1927 or any other law for the time being in force, as it may deem necessary. (2) Subject to the provisions of this Act and the rules made there under the corporation may, by general or special order, delegate either unconditionally or subject to such conditions, including the condition of review by itself, as may be specified in the order, to the Chairman or the Managing Director or any other member or employee of the Corporation such of its powers and duties not being the power and duties delegated to the under sub-section (1), as if may deem necessary. State 32. The State Government may invest the Managing Director of any employee Government of the Corporation with, all or any of the powers of a Forest Officer under may invest the section 72 of the Indian Forest Act, 1927, and tile Managing Director or such officers with employee in relation to such power shall be deemed to be a Forest Officer powers of within the meaning of clause (2) of section 2 of the Indian Forest Act, 1927. Forest Officer Power to make 33. (1) The State Government may, by notification in the Gazette, make rules for rules carrying out the purposes of this Act. (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 established, maintained, invested and applied under section 21; (b) the procedure in respect of surcharge under section 24 Including the provision of appeal, if any, in respect thereof; (c) any other matter which has to be or may be prescribed. (3) All rules made under this Act shall as soon as may be after they are made, be laid before each House of the State Legislature while it is in session for a total period of not les than thirty days extending in its one session or more than one successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may, during the said period, agree to make, so however, that any such modifications or annulments shall be without prejudice to the validity of anything previously done thereunder. 42 [The Uttar Pradesh Forest Corporation Act, 1974] [Section 34-35] Regulation 34. (1) The Corporation may, with the previous approval of the State Government make regulations not inconsistent with this Act and the rules made thereunder for the administration of the Corporation. (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, conditions of service of the Managing Director and employees of the Corporation and traveling and daily allowances to be paid to the Chairman and non official members; (b) times and places of, and the procedure in regard to the transaction of business in the meetings of the Corporation; (c) any other matter for which provision is to be or may be made in the regulations; (3) Until any regulations are made by the Corporation under sub section (1) any regulations which may be so made by it, may be made by the State Government, and any regulations so made may be altered or rescinded by the Corporation in exercise of its power under sub-section (1). Repeal and 35. (1) The Uttar Pradesh Forest Corporation Ordinance, 1974 is hereby repealed. Saving (2) Notwithstanding such repeal, anything done or any action taken under the U.P. Ordinance no. said Ordinance shall be deemed to have been done or taken under this Act as 15 of 1974. if this Act had come into force on September 13, 1974.