THE [1][KHYBER PAKHTUNKHWA] (CONSERVATION AND EXPLOITATION OF CERTAIN FORESTS IN HAZARA DIVISION) ORDINANCE, 1980. 

[2][KHYBER PAKHTUNKHWA] ORDINANCE No. VII OF 1980. 

[17th June, 1980] 

CONTENTS

PREAMBLE

SECTIONS:

1.                  Short title, extent and commencement.

2.                  Definitions.

3.                  Prohibition of private extraction of timber, etc.

4.                  Disposal of timber etc. on failure of the owner to collect.

5.                  Owner not entitled to claim any damage for wrong payment of the proceeds.

6.                  Indemnity.

7.                  Power to make rules.

THE [3][KHYBER PAKHTUNKHWA] (CONSERVATION AND EXPLOITATION OF CERTAIN FORESTS IN HAZARA DIVISION) ORDINANCE, 1980. 

[4][KHYBER PAKHTUNKHWA] ORDINANCE No. VII OF 1980. 

[17th June, 1980] 

AN 
ORDINANCE 

to provide for conservation, better exploitation and prohibition of unlawful cutting of forests in certain areas of Hazara Division

AND WHEREAS the Governor of the [5][Khyber Pakhtunkhwa] is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. I of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the [6][Khyber Pakhtunkhwa] is pleased to make and promulgate the following Ordinance:

(2)               It shall extend to the specified areas.

(3)               It shall come into force at once.

(a)                "forest produce" and "timber" shall have the same meanings as are respectively assigned to them in the Hazara Forest Act, 1936 ([8][Khyber Pakhtunkhwa] Act VI of 1937);

(b)               "Government" means the Government of the [9][Khyber Pakhtunkhwa];

(c)                "Schedule" means the Schedule to this Ordinance; and

(d)               "specified areas" means the areas comprising the villages in Hazara Division specified in the Schedule.

(2)        Notwithstanding anything to the contrary contained in any law for the time being in force, or any decree, order or judgment of any Court or other authority,-

(a)                all contracts, agreements or other instruments entered into or executed for the extraction of timber or other forest produce in the specified areas, subsisting immediately before the commencement of this Ordinance, shall, upon such commencement, stand terminated; and

(b)               all timber and other forest produce produced in and extracted from the specified areas and transported from, through or to any place within Hazara Division shall, whether extracted before or after the commencement of this Ordinance, be liable to duty at the rate notified by Government under sections 28 and 29 of the Hazara Forest Act, 1936 [10][Khyber Pakhtunkhwa] Act VI of 1937), by notification No. SOFT (FAD) V-105 / 70 / (HFA 1936), dated the 24th December, 1979, or at such other rate as may, hence after, be notified by Government under the said Act.

(2)        The proceeds of sale under sub-section (1) shall, after deduction of duty leviable under clause (b) of sub-section (2) of section 3 and any other expenses, if any, incurred in connection with the holding of auction, be refunded to the owner of such timber or other forest produce on an application made by him in that behalf.

(3)        The person in whose favour such timber or other forest produce is auctioned shall be liable to pay duty at the usual rate as applicable in the Hazara Division for such sales from the depot.

SCHEDULE

         LIEUTENANT GENERAL FAZLE HAQ

GOVERNOR OF KHYBER PAKHTUNKHWA

Peshawar,

Dated the

16^th June, 1980