The Haryana Forest Development Act, 1983

Haryana Forest Development Act, 1983 
Haryana Act No. 7 of 1983 
hl217 
 
Received the assent of the Governor of Haryana on the 4th April, 1983, and 
was published in the Haryana Gazette. (Extra), Legislative Supplement, Part 
I, dated April 6, 1983/Chaitra 16, 1905. 
An Act to provide for the establishment of the Haryana Forest 
Development Board for undertaking the development of forest 
resources, utilization of, processing of, and trade in, forest produce. 
Be it enacted by the Legislature of the State of Haryana in the Thirty -fourth 
Year of the Republic of India as follows :- 
1. Short title and extent.  - (1) This Act may be called the Haryana Forest 
Development Act, 1983. 
(2) It extends to the whole of the State of Haryana. 
2. Definitions. - In this Act, unless the context otherwise requires, - 
(a) 'Board' means "The Haryana Forest Development Board" est ablished 
under sub-section (1) of section 3; 
(b) 'Chairman' means the Chairman of the Board; 
(c) 'development' includes acquisition of land and all operations 
connected with raising, protection and management of plantations; 
(d) 'forest produce' shall have  the meaning assigned to it in the Indian 
Forest Act, 1927; 
(e) 'member' means a member of the Board and includes the Chairman 
and the Director; 
(f) 'prescribed' means prescribed by rules made under this Act; 
(g) 'trade' means any activity relating to fore st produce and include 
manufacturing and processing thereof. 
3. Establishment and incorporation of the Board.  - (1) With effect from 
such date as the State Government may, by notification, appoint in this 
behalf, there shall be established for carrying out  the purposes of this Act, a 
Board to be known as "The Haryana Forest Development Board" with 
headquarters at such place as the State Government may specify. 
(2) The Board shall be a body corporate having perpetual succession and a 
common seal with power t o acquire, hold and dispose of property movable 
or immovable, and to enter into contracts, and shall, by the said name, sue 
or be sued. 
4. Board to be a local authority.  - For purposes of Land Acquisition Act, 
1894, the Board shall be deemed to be a local authority. 
5. Constitution of the Board.  - (1) The Board shall consist of a Chairman, 
a Director who shall be a member of the Indian Forest Service, and none 
other members of whom four shall be official and five non-official. 
(2) All members of the Board shall be nominated by the State Government. 
6. Term of office of members.  - The term of the office of the Chairman 
and non-official members shall be three years : 
Provided that they shall be eligible for re-appointment. 
7. Resignation. - The Chairman or a member may at any time resign his 
office by submitting his resignation to the State Government : 
Provided that resignation shall not take effect until it is accepted. 
8. Disqualifications. - A person shall be disqualified for being appointed or 
continuing as a member of the Board, if he - 
(a) holds any office of profit under the Board; 
(b) is of unsound mind; 
(c) is an undischarged insolvent; 
(d) has, directly or indirectly by himself or through any other partner, any 
share or interest in any contract or employment with, by or on behalf 
of the Board; 
(e) has been convicted of any offence involving moral turpitude; 
(f) in the opinion of the State Government - 
(i) has become incapable of acting; or 
(ii) is otherwise unfit to continue as a member. 
9. Office to be held during pleasure of State Government.  - 
Notwithstanding anything contained in this Act, the Chairman and the 
members of the Board shall hold office during the pleas ure of the State 
Government. 
10. Filling of vacancy.  - If a vacancy occurs in the office of the Chairman 
or a member by death, resignation, disqualification or otherwise, the same 
shall be filled in by the State Government in the manner provided in section  
5 : 
Provided that he shall hold office for the unexpired portion of the term of his 
predecessor. 
11. Certain defects not to vitiate acts and proceedings.  - No 
disqualification of or defect in the appointment of any person, acting as 
Chairman or a member s hall be deemed to vitiate any act or proceedings of 
the Board if such act or proceedings is otherwise in accordance with the 
provisions of this Act. 
12. Constitution of interim Board.  - Until the Board is established and 
constituted in accordance with the provisions of this Act, the State 
Government may constitute a Board consisting of the Chairman and the 
Director and the Board so constituted shall, for a period not exceeding one 
year be deemed to be the Board established and constituted under this Act. 
13. Salary and Allowances.  - The Chairman and members shall receive 
such salary or allowances as may be prescribed and the same shall be paid 
from the fund of the Board. 
14. Appointment of officers and employees.  - (1) The State 
Government may appoint a Secretary to the Board. 
(2) The Board may create such other posts and appoint such other officers 
and employees as it may consider necessary for the efficient discharge of its 
functions. 
(3) The conditions of service of the officers and employees of the Board shall 
be such as may be prescribed. 
(4) The duties of the officers and employees of the Board shall be such as 
may be determined by it. 
15. Provident Fund.  - The Board shall constitut e, for the benefit of its 
officers and employees, in such manner and subject to such conditions, as 
may be prescribed, such provident fund as it may deem fit. 
16. Meetings of Board. - The Board shall make by-laws with respect to the 
day, date, time, place,  notice, holding and adjournment of its meetings, 
subject to the following provisions, namely :- 
(a) an ordinary meeting shall be held at least once in three months; 
(b) the Chairman may, whenever he thinks fit, call a special meeting; 
(c) every meeting sh all be presided over by the Chairman and in his 
absence any member chosen by members present at the meeting; 
(d) the quorum for every meeting shall be one -third of the number of 
members actually serving for the time being; 
(e) all questions at any meeting shall be decided by a majority of votes of 
the members present and voting. In the case of equality of votes, the 
member presiding shall have a second or casting vote; and 
(f) the minutes of the proceedings of each meeting shall be recorded in a 
book to be provided for the purpose and a copy of such minutes shall 
be forwarded to the State Government. 
17. Association of persons. - (1) The Board may associate with itself, any 
person whose assistance and advice it may deem fit for performing its 
functions under this Act. 
(2) Any person associated with the Board under sub -section (1) for any 
purpose shall have the right to take part in the meetings of the Board 
relevant to that purpose, but shall not have the right to vote. 
(3) The State Government may, by order, depute its representatives, to take 
part in any meeting of the Board, on such items or subjects as the State 
Government may specify but such representatives shall not have the right to 
vote. 
18. Execution of contracts. - Every contract shall be made in the name of 
the Board and shall be signed in the name of or on behalf of the Board by 
the Chairman or such other officer of the Board as may be authorised by 
him. 
19. Power to make bye -laws. - Subject to the provisions of rules made 
under this Act, the Board may with the approval of the State Government, 
make bye-laws :- 
(a) to regulate the transaction of the business at its meetings; 
(b) to assign its duties and powers to its Chairman, Director, Secretary or 
to its officers; and 
(c) for any other matter which has to be or may be, provided by bye -
laws. 
20. Duties and functions of the Board.  - The duties and functions of the 
Board shall be, - 
(a) to undertake proper and scientific exploitation of forest resources of 
the State of Haryana and if necessary outside it; 
(b) to market the various products both raw and refined goods inside and 
outside the State of Haryana; 
(c) to establish and manage industries based on forest produce; 
(d) to undertake trade in forest produce and to promote the development 
of forest resources in the State of Haryana; 
(e) to plant, grow, cultivate, produce, protect and manage, raise 
plantations of all kinds or varieties of forest plants, trees and crops on 
Government lands, community lands, private lands and on lands owned 
by institutions and other organisations, to promote social forestry; 
(f) to formulate, plan and execute projects and programmes relating to 
afforestation, soil conservation and conservation of environment, so far 
as it is necessary for reforming its functions under this Act; 
(g) to undertake any other function which the State Government may 
assign to the Board, within the scope of this Act. 
21. Fund to Board.  - (1) The Board shall have a fund to be called the 
Forest Development Fund. 
(2) The Forest Development Fund will be financed by the State Government. 
(3) The Board may accept grants, subventions, donations and gifts from the 
Central Government or any individual or body whether incorporated or not. 
(4) All money received by or on b ehalf of the Board shall form part of the 
Forest Development Fund. 
(5) Except as otherwise directed by the State Government, all moneys and 
receipts specified in the foregoing provisions and forming part of the Fund 
shall be deposited in the State Bank of India or in a Scheduled Bank of a Co-
operative Bank. 
(6) The Fund shall be operated upon by such officers as may be authorised 
by the Board. 
22. Budget. - The Board shall prepare in such form, and at such time every 
year, as may be prescribed a budget in r espect of the financial year next 
ensuing showing the estimated receipts and expenditure of the Board and 
shall forward to the State Government such number of copies thereof, as 
may be prescribed. 
23. Expenditure.  - The Board shall incur expenditure to dis charge the 
duties and functions of the Board according to the bye -laws made by the 
Board. 
24. Power of Board to borrow.  - (1) The Board may from time to time, 
with the provision of the State Government and subject to such conditions as 
may be prescribed in this behalf, borrow any sum. 
(2) The loans borrowed under this section may be guaranteed by the State 
Government as to the repayment of the principal and interest. 
25. Accounts and audit.  - (1) The Board shall cause to be maintained 
proper books of accounts and such other books as the bye -laws made under 
this Act may require. 
(2) The Board shall cause its accounts to be audited annually by such 
persons as the State Government may specify. 
(3) The accounts of the Board together with the audit report thereon shall be 
forwarded to the State Government. 
26. Transfer of assets and liabilities.  - (1) The State Government may 
transfer to the Board buildings, lands, forests or any other property 
moveable or immovable for the use and management by the Board. 
(2) The State Government may transfer to the Board such schemes, projects 
or works in progress with all their assets and liabilities, as are run or 
managed by it. 
27. Submission of reports and returns.  - (1) The Board shall submit to 
the State Government reports on such matters and at such intervals as may 
be prescribed. 
(2) The Board shall submit to the State Government such statistics, returns, 
particulars or statements in regard to the forests in such form and manner 
as may be required from time to time. 
28. Power of entry.  - The Director or any other person authorised by the 
Board, may enter into or upon any land with or without assistants or 
workmen, in order - 
(a) to make any inspection, survey, measurement, valuation or enquiry; 
(b) to undertake any works im plemented by the Board or proposed to be 
implemented by the Board; 
(c) to do any other thing necessary for the purposes of this Act. 
29. Conferment of powers of Forest Officers.  - All the officers and 
employees of the Board shall be deemed to be Forest Off icers within the 
meaning of the Indian Forest Act, 1927 and they shall be competent to 
exercise the powers of Forest Officers, so far as may be necessary, for the 
purpose of performing their duties under this Act. 
30. Public servants. - (1) All members, of ficers and servants of the Board 
shall be deemed while acting or purporting to act in pursuance of any 
provision of this Act, to be public servants within the meaning of section 21 
of the Indian Penal Code, 1860. 
(2) No suit, prosecution or legal proceedin gs shall lie against any person for 
anything which is in good faith done or purported to be done under this Act. 
31. Notice of suit against Board.  - No person shall institute any suit 
against the Board or against any officer or servant of the Board or any 
person acting under the orders of the Board for anything done or purporting 
to have been done in pursuance of this Act, without giving to the Board, 
officer or servant or person concerned, two months' previous notice, in 
writing, of the intended suit and of the cause thereof. 
32. Power of Government to give directions to Board.  - The State 
Government may give to the Board, such directions, as in its opinion are 
necessary or expedient, for carrying out the purposes of this Act and it shall 
be the duty of the Board to comply with such directions. 
33. Control of State Government ove r Board.  - (1) The State 
Government shall exercise superintendence and control over the Board and 
its officers and may call for such information as it may deem necessary and, 
in the event of its being satisfied that the Board is not functioning properly 
or is abusing its powers. It may, by notification supersede the Board : 
Provided that before superseding the Board of State Government shall give a 
reasonable opportunity to the Board for showing cause against the proposed 
supersession : 
Provided further that the Board shall be reconstituted, within a period of one 
year, from the date of its supersession. 
(2) When the Board is superseded under sub -section (1), the following 
consequence shall ensue, namely :- 
(a) all members of the Board in cluding the Chairman shall, from the date 
of the notification, vacate their offices; 
(b) all powers, duties and functions of the Board shall, during the period 
of supersession, be exercised and performed by such person (to be 
called the administrator) as m ay be appointed by the State 
Government: 
Provided that the administrator may, subject to the approval of the State 
Government, delegate any of his powers, duties or functions to any other 
person as he may think fit; 
(c) all assets and liabilities of the Bo ard shall, until it is reconstituted, 
vest in the State Government. 
34. Appeal. - (1) An appeal shall lie from an original or appellate order of 
any officer of the Board or the Chairman under this Act or any rule or bye -
laws made thereunder :- 
(a) to the Chairman when the order is made by any officer of the Board; 
and 
(b) to the Board when the order is made by the Chairman 
(2) Every such appeal shall be preferred within a period of thirty days of the 
date of communication of the orders : 
Provided that the Chairman or the Board, as the case may be, may entertain 
the appeal after the expiry of the period of thirty days if he or it is satisfied 
that the appellant was prevented by sufficient cause from filing the appeal in 
time. 
35. Power to make rules.  - The State Government may, by notification, 
make rules for carrying out the purposes of this Act. 
36. Dissolution of Board.  - (1) The State Government may, by 
notification, declare that, with effect from such date as may be specified in 
the notification, the Board shall stand dissolved. 
(2) With effect from the date specified in the notification under sub -section 
(1), - 
(a) all properties, funds and dues which are vested in and realisable by 
the Board shall vest in and be realisable by the State Government; 
(b) al l liabilities enforceable against the Board shall be enforceable 
against the State Government to the extent of the properties, funds, 
dues vested in and realised by the State Government. 
(3) Nothing in this section shall affect the liability of the State G overnment 
in respect of loans or debentures guaranteed under section 24. 
37. Removal of difficulties.  - If any difficulty arises in giving effect to the 
provisions of this Act, the State Government may, by notified order, not 
inconsistent with the provisions of this Act, remove the difficulty. 
38. Repeal. - The Haryana Forest Development Ordinance, 1982 (Haryana 
Ordinance No. 4 of 1982), is hereby repealed. 

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