Section 3 — Definitions

Jammu and Kashmir Mulberry Protection Act, 2006 (1949 a. D.) · Free to read

In this Act unless there is anything repugnant in the subject or context,

(1) “damaging a mulberry tree” means

(i) cutting of a mulberry tree ;

(ii) lopping or pruning of a mulberry tree or a branch thereof except for purposes of silkworm rearing ;

(iii) plucking of leaves of a mulberry tree for any purpose other than silkworm rearing ;

(iv) injuring or destroying a mulberry tree or reducing its value or utility in any other way or by any means whatsoever ;

(2) “emergency” means any event or combination of circumstances which cause imminent danger to human life or property.

[(2a) “Government” means the Government of the Union territory of Jammu and Kashmir.]

Explanation.—A fallen mulberry tree causing—

(a) overflow of water in a canal or unstability in the position of its bank ;

(b) obstruction in traffic or in the means of irrigation ; or

(c) interference with the working of electric, telegraph or telephone lines ;

is a case of emergency as defined above ;

(3) “mulberry tree” includes all varieties of mulberry trees, foreign or local, irrespective of age, size or value ;

(4) “private land” means all land not owned by [the Union territory of Jammu and Kashmir], whether assessed to land revenue or not ;

(5) “State land” means all land owned by [the Union territory of Jammu and Kashmir] and shall, for the purposes of this Act, also include Kahcharai land and Shamilat Deh.