- This Act may be called the Uttar Pradesh Forest Corporation Act , 1974.
- It extends to the whole of Uttar Pradesh.
- It shall come into force on such date as the State Government may, by Notification in the Gazette, appoint in this behalf.
In this Act, unless the context otherwise requires-
- “Corporation” means the Uttar Pradesh Forest Corporation, established under section 3;
- “local body” means a Nagar Mahapalika, Municipal Board, Town Area Committee, Notified Area committee, Zila Parishad, Kshetra Samiti or Gaon Sabha;
- “Managing Director” means the Managing Director of the Corporation appointed under clause (a) of sub-section (1) of section 40;
- “prescribed” means prescribed under rules made under this Act;
- “regulations” means regulations under rules made under this Act;
- “State Government” means the Government of Uttar Pradesh.
Short Title, extent and commencement
- The State Government shall, by notification in the Gazette and with effect from a date to be specified therein, constitute a Corporation by the name of Uttar Pradesh Forest Corporation.
- 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 purpose of this Act.
- The Corporation shall for all purposes be a local authority.
- The Corporation shall have its head office at Lucknow and may have offices at such other places as it may consider necessary.
Explanation – A person shall not be deemed to have to 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 of interest.
The Corporation shall consist of a Chairman, to be appointed by the State Government and the following other members, namely :
- 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
- 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 maters relating to preservation and development of forests.
- The appointment of the Chairman and other members shall be notified in the Gazette.
- A person shall be disqualified to be appointed as, and for being the Chairman or other member of the Corporation, if he-
- has been convicted of an offence which in the opinion of the State Government involved moral turpitude; or
- is an undischarged insolvent; or
- is physically or mentally incapable of acting as such member; or
- 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
- has directly or indirectly by himself or by any partner, employer or employee has 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
- 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, Manger or other officer having a share or interest in -
- any sale, purchase, lease or exchange of immovable property or any agreement for the same;
- any agreement for loan of money, or any security for payment or money only;
- any newspaper in which any advertisement relating to the affairs of the Corporation is published;
- an occasional sale to the Corporation upto a value not exceeding ten thousand rupees in any year, of any article in which he or his company regularly trades .
- The term of the 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.
- The Chairman or a non-official member of the Corporation may at any time, by writing under has hand addressed to the State Government, resign his office and on such resignation being accepted, he shall be deemed to have vacated his office.
- If the Chairman or any non-official member is , by infirmity or otherwise, rendered temporarily incapable of carrying 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.
- 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, for the non-official member in whose place he is so appointed.
The Corporation may appoint such employees as it considers necessary for the efficient performance of his function under this Act :
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, Uttar Pradesh or with the approval of the State Government, as the State Government may direct.
- 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 agreed upon.
- The Chairman and the non-official members shall be entitled to draw such traveling and daily allowances from the fund of the Corporation as may be determined by regulations.
- 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 the regulations.
Subject to superintendence of the Corporation, the general control over the employees of the Corporation shall be vested in the Managing Director.
- 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.
- The Chairman or in his absence, a member of the Corporation elected by the members present from amongst themselves, shall preside the meeting of the Corporation.
- All questions at the meetings of the Corporation shall be decided by majority of votes of the members present and voting and the case of equality of votes, the Chairman ,or in his absence the member presiding, shall have second or casting vote.
- 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.
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.
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.
Establishment of the Corporation.
Constitution of the Corporation .
Disqualifications for being Chairman or other member.
Terms of Office Of the Chairman or non-official members.