THE UTTAR PRADESH FOREST CORPORATION ACT, 19741

1974 · State unknown · central · act_text

Sections (31)

1 · . For Statement of Objects and Reasons, See U. P. Gazette Extraordinary, dated August 22, 1975.

1 · [ (b) not more than three non-official members to be appointed by the State Government from amongst the persons who in its opinion possess experience in matters relating to the preservation and development of forests. The State Government may appoint one or more such non -official members as the Deputy Chairman.]

5 · . A person shall be disqualified to be appointed as, and for being the Chairman or other member of the Corporation, if he —

1 · . Subs. by sec. 2 of U. P. Act no. 23 of 2007.

6 · (1) The term of office of the Chairman, if he is not an officer serving under the State Government, or of a non-official member of the Corporation shall be three years unless it is determined earlier by the State Government by notification in the Gazette .

7 · (1) If the Chairman or any non-official member is, by infirmity or otherwise, 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.

8 · (1) The Corporation may appoint such employees as it considers necessary for the efficient performance of his functions under this Act :

9 · (1) The Chairman and non-official members shall be entitled to draw such travelling and daily allowances from the fund of the Corporation as may be determined by regulations.

10 · Subject to the superintendence of the Corporation, the general control over the employees of the Corporation shall be vested in the Managing Director.

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.

12 · A member who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal, entered into or proposed to be entered into by or on behalf of the Corporation shall at the earliest possible opportunity disclose the nature of his interest to the Corporation and shall not be present at any meeting thereof when any such contract, loan, arrangement or proposal is discussed unless his presence is required by other members for the purpose of eliciting information, and no member so required to be present shall vote on any such contract, loan, arrangement or proposal.

13 · No act done or proceedings taken under this Act, by the Corporation shall be deemed to be invalid by reason merely of any vacancy or defect in the constitution of the Corporation.

14 · . Subject to the provisions of this Act, and to any general or special directions of the State Government, the functions of the Corporation shall be following, namely —

15 · (1) The Corporation shall, subject to the provisions of this Act, have power to do anything which may be necessary or expedient for carrying out its functions under this Act.

16 · The Corporation may undertake the execution of any afforestation project at the request of the State Government or, with the previous approval of the State Government, at the request of any other person on such terms and conditions as may be agreed upon.

17 · (1) The Corporation shall have its own fund which shall be a local fund and to which shall be credited all moneys received by or on behalf of the Corporation.

1 · [(2) The accounts of the Corporation shall be subject to audit annually by the Comptroller 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 Comptroller and Auditor General of India or any person authorized by him.

1 · . Subs. by s. 2 of U.P. Act no. 24 of 2008.

1 · [(3) The Comptroller 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 Comptroller 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.

24 · (1) The Chairman, the Managing Director or any other member or any employee of the Corporation shall be liable to surcharge for the loss, 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.

1 · . Subs. by Sec. 2 of U. P. Act no. 24 of 2008 .

26 · (1) The Corporation shall, as soon as may be after the end of each financial year, 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.

27 · . (1) Every local body shall render such assistance and furnish such information to the Corporation and make available for its inspection and examination such records, maps, plans and other documents as it may require in connection with the performance of its functions under this Act.

28 · No suit, prosecution or other legal proceedings shall lie against the State Government or the Corporation or the Chairman or the Managing Direction or 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.

29 · The Chairman, Managing Direction or other members and employees of the Corporation shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code.

30 · All proceedings of the Corporation shall be authenticated by the signature of the Chairman or as the case may be, of the member presiding in the meeting of the Corporation in the absence of the Chairman, and all orders and other instruments issued by the Corporation shall be authenticated by the signature of such employee of the Corporation as may be authorized by it in this behalf.

31 · (1) Subject to the provisions of this Act and the rules made thereunder the State 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.

32 · The State Government may invest the Managing Director or any employee of the Corporation with all or any of the powers of a Forest Officer under section 72 of the Indian Forest Act, 1927, and the Managing Director or such employee in relation to such powers shall be deemed to be a Forest Officer within the meaning of clause (2) of section 2 of the Indian Forest Act, 1927.

33 · (1) The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act.

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.

35 · (1) The Uttar Pradesh Forest Corporation Ordinance, 1974 is hereby repealed.

THE UTTAR PRADESH FOREST CORPORATION ACT, 19741

Sections (31)

Subordinates (0)