THE JAMMU AND KASHMIR WILLOW (PROHIBITION ON EXPORT AND MOVEMENT) ACT, 2000

WILLOW (PROHIBITION ON EXPORT
AND MOVEMENT) ACT, 2000

(Act No. XVI of 2000)





THE JAMMU AND KASHMIR WILLOW (PROHIBITION ON
EXPORT AND MOVEMENT) ACT, 2000

(Act No. XVI of 2000)

CONTENTS

SECTION

1. Short title, extent and commencement.

2. Definitions.

3. Prohibition on the carriage and export of willow.

4. Seizure and confiscation.

5. Penalities.

6. Appeals.

7. Offence to be non-bailable and cognizable.

8. Power to make rules.

————

WILLOW (PROHIBITION ON EXPORT AND MOVEMENT) 463
(AMENDMENT) ACT, 2000



THE JAMMU AND KASHMIR WILLOW (PROHIBITION ON
EXPORT AND MOVEMENT) ACT, 2000

(Act No. XVI of 2000)

[Received the assent of the Governor on 14th November, 2000 and
published in the Government Gazette dated 15th November, 2000.]

An Act to provide for the prohibition of export and movement of
Willow wood outside the 1[Union territory of Jammu and Kashmir] and
for matters connected therewith or incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the
Fifty-first Year of the Republic of India as follows :—

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. 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.

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]

WILLOW (PROHIBITION ON EXPORT AND MOVEMENT) 465
(AMENDMENT) ACT, 2000

1. Construed for “State of Jammu and Kashmir” by S.O. 3912(E) dated 30.10.2019.
2. Substituted for “whole of the State of Jammu and Kashmir” by S.O. 1229(E) dated 31.03.2020.
* Now Official Gazette.
3. Construed for “State” by S.O. 3912(E) dated 30.10.2019.



466 WILLOW (PROHIBITION ON EXPORT AND MOVEMENT) ACT, 2000

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].

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-Insepctor 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.

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.

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.

7. Offence to be non-bailable and cognizable.–– All offences
committed under this Act shall be non-bailable and cognizable.

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.

————

1. Construed for “State” by S.O. 3912(E) dated 30.10.2019.
2. Added by Act IX of 2002, s. 2.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Jammu and Kashmir Forests Act,

Samvat 1987”.
* Now Official Gazette.