(Act No. 13 of 1960)
JK101
[Received the assent of the Sadar-i-Riyasat on 22nd March, 1960 and Published in Government Gazette dated 23rd March, 1960.]
An Act to provide for the establishment and maintenance in the State of a fund for meeting expenditure on relief of distress caused by [a calamity].
Be it enacted by the Jammu and Kashmir State Legislature in the Eleventh year of the Republic of India as follows :-
- Short title, extent and commencement.- (1) This Act may be called the Jammu and Kashmir State Emergency Relief Fund Act, 1960.
(2) It extends to the whole of the State.
(3) It shall come into force at once.
[2. Definitions. - In the Act, unless the context otherwise, requires-
(a) Calamity means -
(i) drought,
(ii) flood.
(iii) fire,
(iv) earthquake,
(v) landslide,
(vi) fall of boulders,
(vii) lightening,
(viii) mine blast,
(ix) storm.
(x) untimely and heavy snowfall or rains,
(xi) hail-storm,
(xii) cloud-burst,
(xiii) explosion of inflammable materials,
(xiv) avalanche,
(xv) mishap of boat,
causing death or permanent disability or loss of property and includes such other affection or misfortune occurring to any person or any other accidental death, the Government may by notification declare to be a calamity for purpose of this Act;
(b) "fund" means the Jammu and Kashmir Emergency Relief Fund established under section 3.]
- Establishment and maintenance of the Jammu and Kashmir State Emergency Relief Fund.- The State Government shall establish and maintain in and for the State of Jammu and Kashmir, a fund called "the Jammu and Kashmir State Emergency Relief Fund." The fund shall consist of-
(a) rupees ten lakhs to be set apart annually by the Government from its revenue;
(b) any other sums that may be transferred to the fund by the Government; and
(c) the interest which may from time to time accrue on the securities in which the sums to the credit of the fund may be invested or reinvested under section 5.
- Fund not to be expended except in natural calamities.- The fund shall not be expended except the relief of distress caused by [a calamity:]
Provided that when the fund exceeds such sum as the State Government may by order determine in this behalf, the State Government may utilise the excess to meet the expenditure on protective irrigation works and other works for the prevention of floods and other [calamities] or to meet the irrecoverable balances of loans granted under this Act or for other relief purposes.
- Investment and reinvestment of amounts not required.- The State Government shall from time to time invest or reinvest all sums to the credit of the fund, which may not be immediately required for any of the purposes mentioned in section 4, in Government securities, in the name of the Chief Secretary, Jammu and Kashmir Government or such other officer as the State Government may specify.
- Accounts of the fund and making up of the deficiency in the fund.- The accounts of the fund shall be drawn up at the end of each financial year, the securities belonging to the fund being valued at their market value on the last day of such year.
- Power to make rules.- The Government may make rules, consistent with this act, for carrying out the purposes of this Act.