No decision even one month after repeal of Act by MHA
Employees worry about future because of confusion
Mohinder Verma
JAMMU, May 6: Strange it may sound but it is a fact that Jammu and Kashmir Forest Corporation is functioning without any legal provision during the past over one month as the Government of the Union Territory has failed to decide its fate in the light of the order passed by the Union Ministry of Home Affairs.
The Jammu and Kashmir State Forest Corporation was established as per the provisions of the Act, which was enacted in the year 1978 to ensure better preservation, supervision and development of forests and better exploitation of forest produce within the erstwhile State of Jammu and Kashmir.
In the Jammu and Kashmir Reorganization Act, 2019 the Ministry of Home Affairs had kept the Jammu and Kashmir State Forest Corporation Act, 1978 in the list of the laws which will remain in force in the Union Territories of Jammu and Kashmir and Ladakh.
However, in the Jammu and Kashmir Reorganization (Adaptation of State Laws) Order, 2020 issued on March 31, 2020 in exercise of the powers conferred by Section 96 of the Jammu and Kashmir Reorganization Act, 2019, the Ministry of Home Affairs has repealed the Act as a whole.
Immediately after the repeal of the Act, the Government of Jammu and Kashmir was supposed to decide the fate of the Forest Corporation, which was established as per the provisions of Section 3 of the Act of 1978.
“But despite lapse of over one month the decision of the Government is awaited as a result of which the J&K Forest Corporation is functioning without any legal provision”, official sources told EXCELSIOR, adding initially there were rumours in the Corporation that it would be registered as a company to ensure its existence as well as smooth functioning but no step has so far been taken in this direction.
They informed that a proposal has been mooted by the Administrative Secretary of the Department of Forest, Environment and Ecology but the same has yet not received the clearance of the Departments of Finance and Laws, Justice and Parliamentary Affairs.
Stating that Forest Corporation will continue to function without legal provision even for some more time, sources informed that following clearance of the proposal of Forest Department by Law and Finance Departments the same will have to be placed before the Administrative Council headed by Lieutenant Governor Girish Chandra Murmu for final decision.
“Had prompt follow-up action was taken on the decision of the Ministry of Home Affairs the Corporation would not have been functioning illegally, which otherwise is a question mark on the performance of the concerned authorities”, sources said, adding “even no executive order has been passed to justify the functioning of the Corporation following repeal of the Act”.
They informed that due to delay in deciding the fate of the Forest Corporation thousands of its employees are worried about their future. “In the absence of clarity about the stand of the Government sword of uncertainty is looming large over us every time”, some of the employees told EXCELSIOR.
They demanded that Government should take decision about this Corporation while keeping in mind the interests of the employees so that their future is secured.
The EXCELSIOR made numerous calls to Sarita Chouhan, Administrative Secretary of the Department of Forest, Environment and Ecology to ascertain the progress made in deciding the fate of the Forest Corporation but she didn’t respond.
It is worthwhile to mention here that the functions of the Corporation are undertaking removal and disposal of trees and exploitation of forest resources entrusted to it by the Government; undertake research program relating to forests and forest products and render technical advice to Government on matters relating to forestry; to manage, maintain and develop such forests as are transferred or entrusted to it by the Government.
Moreover, establishment of workshop or factories for processing forest raw material, establishment of laboratories and experimental and research stations etc also fall in the domain of the Forest Corporation.
The Government from time to time advance loans to the Corporation for the purpose of the Act on such terms and conditions as the Government may determine and the Corporation is supposed to repay the loan amount.
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