The Kerala Forest Act, 1961

14 
THE KERALA FOREST ACT, 1961 
(Act 4 of 1962) 
CoxrENTS 
Preamble. 
Sections. 
1. 
2. 
CHAPTER I 
Preliminary 
Short title, extent and commencement. 
Definitions. 
CHAPTER II 
Reserved Forests 
3. Power to reserve forest~. 
4. Notification by Government. 
5. Suits barred 
6. Proclamation by Forest Settlement Officer. 
7. Bar of accrual of forest right, prohibition of clearings, etc. 
8. Inquiry by Forest Settlement Officer. 
9. Powers of Forest Settlement Officer. 
10. Order on closing the inquiry. 
11. Appeals from the orders of Settlement Officer. 
12. Section 5 of the Limitation Act to apply. 
13. Forest Settlement Officer to carry out the Appellate Court's 
Order. 
14. Forest Settlement Officer to report to Government result of 
inquiry. 
15. Procedure by Government in regard to admitted claims. 
16. Claims to rights of way, etc. 
17. Provision for right of pasture or to forest produce admitted. 
18. Commutation of certain rights. 
19. Nottfication declaring forests reserved. 
20. Exttnction of rights not claimed and not known by inquiry. 
21. Power of Government to redefine the limits of Reserved Forests 
in certain cases. 
22. No right acquired over Reserved Forests except as herein 
provided. 
23. Rights continued under section 17 not to be alienated without 
sanction. 
24. Power to stop ways and water-course in Reserved Forest. 
'\ 
• 
• 
15 
Sections. 
25. Power to revise arrangement made under sections 15, 16 or 17. 
26. Power to declare forest no longer reserved. 
27. Penaltif's for trespass or damage in Resened Forests and acts 
prohibited in such forests. 
28. Suspension of rights in Reserved Forests. 
29. Persons bound to assist Forest Officer and Police Officer. 
CHAPTER III 
Protection or Land at the Disposal or Government not 
included in Reserved Forests 
30. Power to make Rules. 
31. Power to close land against pasture. 
32. Penalties. 
CHAPTER IV 
or the control over Forests and Lands not at the Disposal of 
Government or in which Government 
have a limited interest 
33. On certain lands the breaking up or clearing for cultivation, 
etc., may be regulated or prohibited. 
34. In the case of refusal by owner Government may take such 
lands on lease or acquire them. 
35. Acquisition of forest or land under the rules in force for the 
acquisition of land for public purposes. 
36. Protection of forests at request of owners. 
37. Management of forests, the joint property of Government and 
other persons. 
38. Persons employed to carry out the Act to be deemed Forest 
Officers. 
39. 
40. 
41. 
42. 
CHAPTER v 
Control over Timber and other Forest produce 
Power to make rules t'J regulate trade and transit of timber 
and other forest produce. 
Penalty for breach of rules made under section 39. 
Holders of passes t J produce the same for inspection. 
CHAPTER VI 
or the collection of Drift and Stranded Timber 
Certain kinds of timber to be deemed property of Government 
until tltle thereto proved, and may be collected accordmgly. 
.....__-
16 
Sections. 
43. Notice to claimants of drift timber. 
44. Procedure on claim preferred to such timber. 
45. Disposal of unclaimed timber. -'j 
46. Payments to be made by cla1mant before 'timber is delivered 
to him. 
47. Power to make rules and prescribe penalties. 
CHAPTER VII 
. 
Preservation of Wild Elephants 
48. Killing, etc., of wild elephants prohibited. 
49. Punishment for killing, etc., wild elephants without authorisa­
tiOn. 
50. Captured wild elephants and tusks and teeth of elephants 
k!lled, the property of Government. 
51. Grant of permits for shooting or capturing of wild elephants. 
52. 
53. 
54. 
55. 
56. 
57. 
58. 
59. 
60. 
61. 
62. 
63. 
64. 
65. 
66. 
67. 
68. 
69. 
CHAPTER VIII 
Offences, Penalties and Procedure 
Seizure of property liable to confiscation. 
Power to release property seized under section 52. 
Procedure thereupon. 
Timber, forest produce, 'tools, etc., when liable to confiscation. 
Disposal on conclusion of trial for forest offence, of produce in 
respect of which it w~s committed. 
Procedure when offender is not known. 
I ' 
Procedure as to perishable property seized under section 52. 
Appeal from orders under sections 55, 56 and 57. 
Property when to vest in Government. 
Saving of power to release property seized. 
Penalty for counterfeiting or defacing marks on trees and for 
altering boundary marks. 
Power to arrest without warrant. 
Power to release on bonds persons arrested under section 63. 
Punishment for wrongful seizure or arrest. 
Power to prevent commission of offence. 
Operation of other laws not barred. 
Power to compound offences. 
Presumption that timber or forest produce belongs to Govern­
ment . 
• 
'. 
l 
I 
• 
;b 
Sections. 
17 
CHAPTER IX 
Cattle Trespass 
70. Cattle Trespass Act to apply. 
71. Power to alter fines fixed by that Act. 
CHAPTER X 
Of Forest Officers 
72. Investing Forest Officers with powers. 
73. Forest Officers deemed public servants. 
74. Indemmty for acts done m good faith. 
75. Forest Officer not to trade. 
76. 
CHAPTER XI 
Miscellaneous 
Additional power to make rules. 
. -
77. 
78. 
79. 
Rules to be laid before the Legislative Assembly. 
Liability of persons engaged by Forest Officers. 
Recovery of money due to Government. 
80. 
81. 
82. 
83. 
Lien on forest produce for such money. 
Land required under this Act to be deemed needed for a 
public purpose. 
Trees and timber standing on land granted for permanent 
cultivation. 
Decision or order of Forest Settlement Officer to have the 
effect of Distnct Court decrees. 
84. Punishment for abetment. 
85. Repeal. 
86. Delegation of powers of Government. 
Schedule 
3/40-2 
18 
ACT 4 OF 1962 * 
THE KERALA FOREST ACT, 1961 
An Act to u11ify and amend the law relatzng to the pr:Jtection and mahagement of 
forests in the State of Kerala /l. 
Preamble.-WHEREAS It is expedient to unify and amend the law 
relating to the protection and management of forests in the State of 
Kerala. 
BE it enacted in the Twelfth Year of the Republic of India as 
follows;-
CHAPTER I 
Preliminary 
1. Short title, extent and commencement.-( I) This Act may be called 
the Kerala Forest Act, 196 I. 
(2) It extends to the whole of the State of Kerala: 
Provided that the Government may, by notification in the Gazette, 
exempt any place f10m the operatiOn of the whole or any portion of the 
Act, but not so as to affect anythmg done, or any offence committed, 
or any fine imposed or penalty mcurred, or any proceedmgs commenced 
in such place before such exemption, and may m hke manner "ary or 
cancel such notification. 
(3) It shall come into force at once. 
2. Defwitions.-In this Act, and in all rules made thereunder, 
unless the context otherwise requires,-
(a) " Cattle" means cows, oxen and bulls and includes elephants, 
camels, buffaloes, horses, mares, geldmgs, pomes, colts, fiiiies, mules, 
asses, p.gs, rams, ewes, sheep, lambs, goats, kids and fowls and such 
other kmds of ammals as the Government may, by notification m the 
Gazette specify ; 
(b) "Collector" means the Chief Revenue Officer of a Disti ict 
and includes an actmg or officiatmg Collector, and also any Officer 
appointed by the Government to exercise the funct10ns of the 
Collector; 
(c) " Forest 08cer" means any person appointed by name or 
as holdmg an office by or unaer the orders of the Government to be a 
ChiefConseivator, a Conservator, Deputy Conservator, Assistant Con­
servator, Divisional Forest Officer, Ranger, Deputy Ranger, Forester, 
a Timber Depot Officer, Forest Guard, Forest PlantatiOn Maistry, 
\Vatcher, Game Warden, Assistant Game Warden, Game Ranger, 
Game Fore~ter, Game Guard, or to discharge any functiOn of a Forest 
Officer under this Act or any rule made thereunder ; 
-----
0 Pubhshed in the Gazette Extraordmary, dated the 18th day of 
January 1962. 
-------- ------------
~--
• 
• 
19 
(d) " Divisional Forest Officer " means the Chief Forest Officer 
of a Forest Division or a portion or portions of one or more Divisions, 
if in independent charge of such port1on or portions, when they are 
constituted into a Forest DiviSion ; 
(e) "-Forest Offence" means an offence punishable u~der this 
Act or any rule made thereunder ; 
(f) "Forest Produce " includes the following when found in oa· 
brought from, a forest, that is to say.-
. (z) trees and leaves, flowers and fruits and all other parts or 
produce of trees, and charcoal, 
(u) plants not being trees (including grass, creepers, reeds and 
moss) and all other parts or produce of such plants, 
(m) wild animals and skins, tusks, horns, bones, silk cocoons, 
honey and wax and all other parts or produce of animals, 
(w) peat, surface soil, rock and minerals (mcludmg limestone 
and latente), mineral oils and all produce of mines and minerals ; 
(g) " Land at the disposal of Government" includes all unoc­
cupied land, all temporarily occupied land and all land occupied with­
out permission, whether assessed or unassessed ; but does not include 
land, the property of land holders such as Jcnmies, Devaswoms, or 
holders of Inam lands; also all holdmgs of land m any way subject to 
the payment of land revenue d1rect to Government and all other 
registered holdmgs of land m proprietary right ; 
(h) " Magistrate " means a Magistrate of the First or Second 
Class and mcludes a Magistrate of the Third Class when he is specially 
empowered by Government to try forest offences ; 
(z) "River" includes streams, canals, backwaters, creeks and 
other channels, natUI al or artlfic~al ; 
(J) " State " means the State of Kerala ; 
(k) " Timber " includes trees when they have fallen or have been 
felled, and all wood, whether cut up or fashioned or hollowed out for 
any purpose or not ; and 
(l) "Tree" mcludes palms, bamboo~, stumps, burshwood and 
canes. 
CHAPTER II 
Reserved Forests 
3. Power to reserve forests.- The Government may constitute any 
land at the dtsposal of the Government a Reserved Forest m the manner 
heremafter provided. 
4. Notzficatzon by Govemment.-Whenever 1t i~ proposed to consti­
tute any land a Reserved Forest, the Government shall publish a notifi­
cation in the Gazette-
(a) specifying as nearly a~ possible, the situation and limits of 
such land; 
(b) declaring that it is proposed to constitute such land a Reserved 
Forest; and 
3j40-2a 
20 
(c) appointing an officer (hereinafter called the Forest Settlement 
Officer) to inquire in to and determine the existence, nature and extent 
of any nghts claimed by, or alleged to exist in favour of, any person in 
or over any land compnsed Within such limits, or to any forest produce 
of such land, and to deal with the same as provided in this Act. 
The officer appointed under dame (c) of this section shall ordina· 
rily be a peison other than a Forest 0 ficer; but a Fore~t Officer may 
be appomted by the Government to attend, on behalf of the Govern· 
ment, at the mquiry prescribed by this Chapter. 
5. Suits barred.-Except as h~reinafter provided, no Civil Court 
shall, b~tween the dates of the publication of the notificatiOn unjer sec· 
tion 4, and of th:o: n::>t1fi::ation to b:! iss:.ted under seCtiOn 19, entertam 
any su1t agamst the Government to establish any right m or over any 
lands or to the fore>t produce of any land, mcluded 111 the notificatiOn 
published under s.ct10n 4. 
"6. Proclam 1tion by Fore.st Settlement Officer.-( I) When a notification 
has been issued under section 4, the Forest Settle.nent Officer shall pub­
lish in the Gazette and at the headquarters of each taluk in which any 
portion of the land included in such notification is situate, and m every 
town, village and headquarters of Panchayats in the neighbourhood of 
such land, a proclamation-
(a) specifying, as nearly as possible, the situation and limits 
of the land proposed to be mcluded within the Reserved Forest, 
(b) settmg forth the substance of the provisions of section 7, 
(c) explaming the c:msequences wh1ch, as hereinafter provided, 
will ensue on the reservation of such forest, and 
(d) fixing a period not less than three and not exceeding six 
months from the date of publlshing such proclamation in the Gazette, 
and requiring every person claimmg any right referred to m secuon 4 
either to present to such officer, Within such penod, a wntten statement 
specifymg, or to appear before him w1thm such penod and state, the 
nature of such right, and in either case, to produce all documents and 
other evidence in support thereof. · 
(2) The Forest Settlement Officer shall also serve a notice to the 
same effect on every known or reputed owner or occupier of any land 
included in or adJoining the land propo ed to be constituted a Reserved 
Forest, or on hi, recognised agent or manager. Such nol!ce may be 
sent by 1egistered post. 
7. Bar of accrual of forest right, proh•bition of clearings, etc.-(1) Dur­
ing the interval between the publication of the proclamation under 
section 6 and the date fixed by the notification under section 19, no nght 
shall be acqlllred in or over the land included m such procldmatwn, 
except under a grant or contract in writmg made or entered into by, or 
on behalf of, the Government, or by, or on behalf of, some person in 
whom such right or power to create the same was vested when the pro­
clamation was published, or by succession from such person; and no 
clearings shall be made on such land, nor shall any person cut, 
• 
--- .:____/ 
I 
( 
• 
collect, or remove any forest produce nor shall set fire to such land or 
kindle or leave burning any fire in such manner as to endanger the 
same. 
(2) No patfa shall, without the previous sanction of the Govern­
ment, be granted in such land, and every patta granted without such 
sanction shall be null and v01d. 
(3) Nothing in this section shall be deemed to prohibit any act· 
done with the permission in writing of the Forest Settlement Officer. 
8. ln7uiry by Forest Settlem~nt Officer.-( I) The Forest Settlement 
Officer shall inquire into all claims made under section 6 recordmg all 
statements and the evidence m the manner prescribed by the Code of· 
Civil Procedure for appealable cases. 
(2) He shall, at the same time, consider and record any objection 
which the Forest Officer, if any, appointed under section 4 to atte'1d at 
the inquiry on behalf of the Government, may make to any such 
claim. 
(3) He may also inquire into and record the existence of any 
right referred to in section 4 and not claimed in answer to the notice' 
issued under section 6, so far as they are ascertainable from the records 
of the Government and the evidence of any person hkely to be acquaint­
ed with the same. 
9. Pow•rs of ForPst Settlement 0./Jzcer.-For the· purpose' of such 
inquiry, the Forest Settlement Olhcer may exercise the following powers, 
namely.-
(a) the power to enter by himself or to authorise any officer to 
enter upon any land, and to survey, demarcate and make a map of the 
same ;.and. 
,(b) the powers of a Civil Court in the trial of suits. 
10. Order on closing the inqwry.- (I) When the inqmry is com· 
pleted, the Forest Settlement Officer shall pass an order specifying the 
particulars of such claim and admitting or rejecting it wholly or in part. 
(2) When the claim admitted relates to any of the following 
rights.-
(a) a right of way ; 
(b) a right to a water course, or to a use of water ; 
(c) a right of pasture ; 
(d) a right to forest produce ; 
and if such right is for the beneficial enjoyment of any land or building, 
he shall record the designation, position and area of such land and the 
designation and position of such building. 
(3) When the nght is a right to forest produce, he shall also 
record whether the forest produce obtained by the exercise of such right 
may be sold or bartered. 
II. Appeals from the orders of Settlem 111 • OjJice1 .-( 1) Where a claim 
1s rejected '"holly or in part, the claimant may, within ninety days from 
22 
the date of the order prefer an appeal to the District Court in respect 
of such rejection only. The time taken for obtdmmg copies of the order 
appealed agamst shall be excluded in computmg the period of nmety 
days. -
(2) Whenever a clatm is admttted in the first instance wholly or -f· 
m part, a hke appeal may be preferred on behalf of Government by the 
Forest Officer appomted unde1 section 4, or other person generally or 
specially empowered by the Government m this behalf. 
J 2. Sectzon 5 of the Lzmztatwn Act to apply.- The provisions contained 
in section 5 of the L1m1tation Act shall apply to an appeal under 
section II. 
13. Forest Settlement O.f!zcer to carry out the Appellate Court's Order.­
If the order 1s reversed or modified m appeal, the Forest Settlement 
Officer shall proceed to deal With It in like manner as 1f 1t had been in 
the first instance made by lumself. 
14. Forest Settlement O.ffzcer to report to Government result of inquiry.­
'When the following events have occurred, namely.-
(a) the penod fixed under section 6 for preferring claims has 
elapsed, and no cla1m has been preferred; 
(b) all claims made w1thm such period have:bcen disposed of by 
the Forest Settlement Officer; 
(c J the period fixed by section II f01 appealing from the orders 
passed on such claims has elapsed ; and 
• 
(d) an appeal, if any, presented wtthin such period ha~ been .J. 
disposed of by the appellate authority; 0.. 
the Forest Settlement Officer :,hall submit to the Government a report 
statmg that no claims have been preferred, or settmg forth the claims 
wh1ch have been finally admitted or rejected, as the case may be. 
15. Procedure by Government zrz regard to admztted clazms.-( I) When 
the claim admttted relates to the nghts of the kind other than those 
spectfied in clauses (a), (b), (c) and (d) of sub-section (2) ofsect10n lO, 
the Govewment may-
(t) come to an agreement with the claimant for the surrender 
of the nght, or 
(u) exclude the land from the limits of the proposed reserve, or 
(iu) proceed to acquue such land accordmg to the law for the 
time being in force for the acquisition of land for pubhc purposes. 
(2) For the purpose of acqmring such land-
(a) the Forest Settlement Officer shall be deemed to be a 
Collector under the Land AcquisitiOn Act for the trme being in force ; 
(b) the claimdnt shall be deemed to be a person mterested and 
appearing before htm m pursuance of a not1ce gtven under the Travan- ,,S... 
co1 e Land A~.-qutsitwn Act XI of 1089 or the Cochin Land Acquis1tion ...: 
Art II of 1070 or ~ectwn 9 of the Land AcquisitiOn Act I of 1894 as 
applicable to the Malabar dtstrict ref en ed to in sub-section (2) of 
scct1on 5 of the States Reorganisation Act, 1956 (37 of 1956) ; 
/ 
_j 
--, 
• 
23 
(c) the provisions of the said Acts shall be deemed to have 
been complied with ; and 
(d) notwithstanding anything contained in the Land Acquisi­
tion Act for the time being m force, the Forest Settlement Officer, w1th 
the sanction of Government and with. the consent of the claimant, or 
the Court with the consent of both the parties, may award compensa­
tiOn in land or partly in land and partly m money. 
16. Claims to rights of way, etc.-When the claim admitted relates 
to a right of way or to a water course, or to a use of water, the Govern­
ment shall either come to Jn agreement with the cla1mant for the 
surrender of the right or pass an order admitting such right and 
provi .ing for the exercise of such right. 
17. Prouiszon for rzght of pasture or to forest produce admitted.- When 
the claim adm1tted relates to a nght of pa,ture or to fo1est produce, the 
Government shall either come to a11 agreement with the claimant for 
the surrender of such nght or provide for the exercise of such nght-
(a) by altering the limits of the proposed Reserved Forest so as to 
exclude land of suffic1ent extent of a suitable kind and in a locality 
resonably convenient for the purposes of the claimant. 
· (b) by recordmg an orde1· contmuing to the claimant a right of 
rasture or to the forest produce, as the case may be, subject to such 
rules as may be prescnbed by the Government. 
The order passed under clause (b) shall record as far as practicable, 
the number and description of cattle which the claima•1t 1s, from t1me 
to time, entitle to graze, the local hm1ts w1thin wh1ch and the se<~.sons 
durmg which such pasture is permitted, or the quantity of timber or 
other forest pwduce wh1ch the claimant is authorised to take or receive, 
the local hm1ts wtthm which, the season during which and the mode in 
wh1ch the taking of such produce ~~ permitted, and ~uch other parti­
culars as may be required in order to define the extent of the right 
which is continued and the mode m which it may be exercised. 
18. Commutation of certam rightr.-Whenever, any right of way or 
to a water course or of a pasture or to forest produce admitted under 
section 16 or 17 is not provtded for in one of the ways prescribed therem, 
the Government shall, sub;ect to such rules as the Government may 
prescnbe m tlus behalf, commute such right by paymg a·surn of money 
in heu thereof or, With the consent of the claimant, by the grant of 
rights in or over land or in such other manner as the .Government think 
fit: 
Provided, however, that, if the claimant is not satisfied with the 
amount of money awarded by the Government, he may, within three 
months from the date of service of the order of commutatiOn, file a snit 
in the D1strict Court having JUrisdictiOn over the area for h • .wing the 
commutation value of such right determmed. 
19. .Notifzcatzon declarmgjo1rsts reserued.-When the proceedings pres­
cribed in the preceding sect10ns have been taken, the Government ma) 
publish a notification in the Gazette spec1fymg the limits of the forcs~s 
24 
which it is intended to reserve and declaring the same to be reserved 
from a date to be fixed by such notification. 
Copies of the notification shall also be published at the head-
quarters of each taluk in which any portion of the land included in such -.J 
notification is Situate, and in every town, village and headquarters of r 
Panchayats in the neighbourhood of such land. 
From the date so fixed, the forest shall be deemed to be a 
"Reserved Forest". 
20. Extinction of rights not claimed and not fknown by inquiry.­
( l) Rights in respect of which no claim has been preferred under section 6, 
and of the existence of which no knowledge has been acquired 1 by 
inquiry under section 8, shall on the issue of the notification under sec­
tion 19, be extinguished, unless, before the publication of such notification 
the person cla1mmg them has satisfied the Forest Settlement Officer that 
he had sufficient cause for not preferrmg such claim within the period 
fixed under section 6, in wh1ch case, the Forest Settlement Officer shall 
proceed to dispose of the claim in the manner hereinbefore provided. 
(2) Notwithstanding the provisions contained in sub-section (I), 
a person who has not been able to prefer the claim before the Forest 
Settlement Officer under section 6 or before the publication of the 
notification under section 19 may institute a suit in the District Court 
for the award of compensation for any nghts extmguished under that 
~ub-section within s1x months of the pubhcat1on of the notification 
under section 19 and the Com t may, if 1t is satisfied that he had such 
• 
rights and there was sufficient cause for not preferring the claim before ~ 
the Forest Settlement Officer '"'ithin the penod referred to in sub- ... 
sectiQn (I), award compensation. 
21. Power of Govmzment to redefine the limits of Reserved Forests in 
certam caJes .-(I) Where the description of the lim1ts of any Reserved 
Forest notified under sectiOn 19 1s defective or IS not clear m reference to 
existmg facts, the Government may, by notificatiOn in the Gazette, 
declare their intention to redefine the limits of such Reserved Forest so 
as to remove the defect or to make the descnptwn clear in reference to 
ex1,ting facts. Such notification shall spec1fy as nearly as possible 
the correctwns which 1t 1s proposed to effect to the lim1ts of the 
Reserved Forest, 
(2) On the issue of a notification under sub-section (I), the 
Divis10nal Forest Officer shall publish m the Gazette and in such other 
mdnnei as may be presc1ibed by rule~ m..tde in that behalf, a notice-
(a) specifying the corrections proposed by the notification 
under ~ub-sectwn (I); and 
(b) stating that any objections which may be made in writing 
to the Divisional Forest Officer within a penod of thirty days from the 
date of publication of the notice will be considered by him. } 
(3) After the expiry of the period referred to in clause (b) of 
sub-section (2) and after considering the objectiOns, if any, received by 
h1m, the DivisiOnal Forest Officer shall submit to the Government 
' I 
• 
25 
through the Chief Conservator of Forests the record of the proceedings 
held by him together with a report thereon. 
(4) The Government may, after considering the report so sub­
mitted and the remarks, if any, of the Chief Conservator of Fore~ts, by 
notificatiOn m the Gazette redefine the hm1t of the Reserved Forest, as 
proposed by the notification under sub-sect10n (I) w1th such modifica­
tions as they think fit or without any modifications. 
(5) Save as provided in th1s section, it shall not be necessary to 
follow the procedure laid down in sections 4 to 18 before issuing a 
notification under sub-section ( 4). 
22. No nght acquzred over Reserved Forests except as herem provzded.­
No nght of any description shall be acquired in or over a Reserved 
Forest except under a grant or contract 111 wnting made by or on behalf 
of the Government or by or on behalf of some person in whom such 
right or the power to create such right was vested when the notification 
under section 19 was publi~hed or by successiOn from such person: 
Provided that no patta shall, without the prevwus sanction of 
the Government, be granted for any land mciuded withm a Reserved 
Forest and every patta granted without such sanction shall be null and 
void. 
23. Rzghts conlznued under section 17 not to be alunated wzthout sanctzon. 
-( 1) Notwithstanding anything herein contained, no right contmued 
under section 17 shall be alienated by way of grant, sale, lease, mortgage 
or otherwise, without the sanction of the Government : 
,../J.... Provided that, when any such right is contmued for the bene-
ficial enjoyment of any land or building, it may be sold or otherwise. 
alienated with such land or building, without such sanction. 
(2) Any alienation of right in contravention of this section shall 
be_null and void. 
(3) No forest produce obtained m exercise of any right continued. 
under sectiOn 17 shall be sold or bartered, except to the extent defined 
by the orde1 recorded under section 17. 
(4) Any person selling 01 ba1 tering any forest produce in con­
traventiOn of thi~ section shall be pumshed with fine which may extend 
to two hundred rupees. 
24. Power to stop ways and water-course in Reserved Forest.-The Chief 
Conservator may, from time to time, with the previous sanction of the 
Government stop any public or private way or water-course in a 
Reserved Forest, provided that a rea~ouable convenient substitute for 
the .way or water-course so stopped already ex1sts or has been provided 
or constructed m heu thereof. 
25. Power to remse arrangement made under sectzon 15, 16 or 17.-The 
Government may. Within five years from the pubhcat1on of any notifi­
cation under section 19, revise any arrangement made under sectwn 15, 
section 16 or sectwn 17 and may, for this purpose, rescind or mod1fy any 
order made under section 15 or section 16 or section 17 and direct that 
·~...__ 
26 
any one of the proceedings specified in section 1 7 be taken in lieu of any 
other of such proceedings, or that the rights admitted under section 17 
be commuted under sect10n 18. 
26. Power to declare forest no longer reserved- The Government may, 
by nottficatton in the Gazette, dirt"ct that, from a date to be fixed bv 
such notification, any forest or any portio·1 thet eof reserved or dee :ned 
to be reserved under this Act shall cease to be reserved. 
From the date so fixed, such forest or portion shall cease to be 
reserved ; but the rights if any which have been extinguished therein 
shall not revive in consequence of such cessation. 
2 7. Penalties for trespass or damage in Reserved Forests and acts prohi­
bited tn such forests.-
(I) Any person who-
(a) makes any clearing prohibited by section 7 ; or 
(b) sets fire to a Reserved Forest or a Forest proposed to be 
reserved under section 6, or kindles or leaves burning any fire in such 
manner as to endanger the same ; or 
(c) sets fire to jungles, or forests, other than Reserved Forests 
and forests propose::! to be reserved under section 6, without taking 
precaut10nary measures to prevent the spread of fire into Rerserved 
Forests; or 
(d) knowingly receives or has in possession any major forest 
produce illicitly removed from a Rererved Forest; or who, in a Reserved 
forest; 
(e) clears, cultivates or breaks up any land for cultivation or 
for any other purpose or puts up any shed or other structures or plants 
trees; or 
(f) damages, alters or removes any wall, ditch, embankment, 
fence, edge, or railing ; or 
(g) fells, girdles, marks, lops, taps, uproots, burns, saws, 
converts or removes, any tree the value of which exceeds one hundred 
rupees, or strips off the bark or leaves from or otherwise damages the 
same, 
shall be pumshed with Imprisonment for a term which may extend 
to three years and With fine which may extend to one thousand rupees, 
in addition to such compensation for damage done to the forest as the 
convicting court may direct to be paid. 
Explanation.-For the purpose of this sub-section the forest produce 
enumerated m the schedule shall be deemed to be major forest 
produce. 
(2) Any person who-
(a) knowingly receives or has in possession any forest produce 
other than a major forest produce illicitly removed from a forest ; 
or who, in a Reserved Forest-
( b) kindles, keeps or carries any fire, except at such seasons 
and in such manner as the Divisional Forest Officer may, from time to 
time, notify ; or 
• 
• 
r 
27 
(c) trespasses or pastures cattle or permits or causes cattle to 
trespass ; er 
(d) fells, girdles, marks, lops, tap~, uproots, butns, saws, con­
verts or removes, any tree the value of which docs not exceed one 
hundred rupees, or strips off the bark or leaves from or otherwise dama­
ges the same ; or 
(e) quarne~ stones, burns hmc or charcoal, or collects or 
subjects to any manufacturing process or removes any forest produce , 
or 
(f) in contravention of any rule made by Government, hunts, 
shoots, fishes, poiSons water or traps or snares ; 
(g) causes any damage by negligence in felling any tree or 
cutting or dragging any timber, 
shall be punished with impnsonment for a term wh1ch may extend to 
three years or with fine wh1ch may extend to one thousand rupees or 
with both. 
(3) If any agricultural or other crop is grown or any shed or 
other structure is put up in contraventiOn of clause (e) of sub-sectwn (I) 
and any person IS conv1cted for that offence, such crops, sheds or other 
structures shall be hable to confiscation by order of the convtctmg 
Magistrate. 
(4) Nothing in_this section shall be deemed to prohibit-
(a) any act done in accmdance with any rule made by the 
Government or With the permission m writing of the Chief Conservator 
of Forests, Conservatm of Fmests, or the Diviswnal Forest Officer or of 
an officer authonsed by any of them to grant such permission ; or 
(b) the exercise of any right continued under section 17 or 
created by grant 01 contract in the~manner described m sectwn 22 : 
Provided that this section shall not be held to interfere with such 
working of the forest as may be ordered by the Chief Conservator of 
Forests, Conservator of Forests or the Div1sional Forest Officer. 
28. Suspension of rzghts rn Reserved Forests.- Whenever fire 1S caused 
wilfully or by negligence in a Reserved Forest, the Government may, 
notwithstanding that any penalty has been inflicted under section 27, 
direct that m such forest or any portion thereof the exercise of all nghts 
of pasture or to forest produce shall be suspended for such period as 
they think fit. 
29. Persons bowul to assist Forest Off"zcl!r and Police Officer:-( I) 
Every person who exercises any right in a Reserved Forest or who i3 
permitted to take any forest produce from, or to cut and remove timber, 
or to pasture cattle in, such forest, and every person who is employed· 
by any such person in such forest, and every V1llagc Officer or person in 
any village contiguous to such forest who is employed by the Govern­
ment shall be bound to furnish without unnecessary delay to the nearest 
Forest Officer or Police Officer, any information he may pmsess respec­
ting the occurrence of a fire m or near such forest, or the commission of, 
.. 
28 
or intention to commit any forest offence, and shall forthwith take steps, 
whether required by any Forest Officer or Police Office or not-
( a) to extmguish any fire in such forest of which he has know· 
ledge or information ; 
(b) to prevent by any lawful means in his power any fire in 
the vicimty of such forest of which he has knowledge or mfm mation 
from spreading to such forest and shall assist any Forest Officer or Police 
Officer demanding his aid; 
(c) m preventing the commission in such forest of any forest 
offence ; and 
(d) when there is reann to believe that any such offence has 
been committed in such forest in discovering and arresting the 
offender. 
(2) Any person who behg bound so to do, without lawful excuse, 
the burden of proving which shall be up:m such person, fails-
(a) to furnish with:mt unnecessary delay t:> the neare•t Forest 
Officer or Police Offi:er any infJrm1tbn rqutre:l by sub-section (I) ; 
(b) to take steps as re:pired by sub-section (I), to extinguish 
any forest fire in a Reserved Forest ; 
(c) to prevent as required by sub-section (I) any fire in the 
vicinity of such forest from spreading to such forest ; or 
(d) to assist any Forest Officer or Police Officer demanding 
his aid in preventing the commission in such forest of any forest offence, 
or, when there is reason to believe that any such offence has been com· 
m1tted in such forest, in discovering and arrestmg the offender, 
shall be punished with fine which may extend to two hundred rupees. 
CHAPTER III 
Protection of land at the disposal of Government 
not included in Reserved Forests 
3J. Powl!r to make rules.-( I) S:.~bject to all rights now vested in 
individuals and commumties by law or custom or usage havmg the force 
of law, the Government may make rules to regulate the use of the 
pasturage or of the natural produce of any land at the dtsposal of 
Government and not included in a Reserved Forest. Such rules may, 
with respect to such land-
( a) regulate or prohibit the clearing or breaking up of land for 
cultivatiOn or other purposes or putting up of sheds or other structures, 
or the planting of trees; 
(b) regulate or prohibit the kindling of fires and prescribe the 
precautions to be taken to prevent the spreading of fires; 
· (c) regulate or prohibit the cutting, sawing, conversion and re­
moval of trees and timber and the collection and removal of natural 
produce; 
(d) regulate or prohibit the quarrying of stone, the boiling of 
catechu, the burning of lime or charcoal or the.dlStillmg of essential oils; 
• 
. .._ 
I 
I 
• 
29 
'(e) regulate or prohibit the cutting of grass and pasturing of 
cattle and regulate the payments, if any, to be made for such cutting or 
pasturing; 
(f) regulate or prohibit hunting, shooting, fishing, poisoning of 
water and setting traps or snares; 
(g) regulate the sale or free grant of timber or other natural 
produce; and 
(h) prescribe the fees, royalties or other payments for timber or 
other natural produce, and the manner tn which such fees, royalties or 
other payments shall be levied. 
And whoever commits an infringem::nt of any of those rules shall, 
on conviction before a Magistrate, be liable to impnsonmcnt for a term 
which may extend to six months, or to fi 1e which may extend to one 
hundred rupees, or to both. 
(2) If any agricultural or oth ~r crop is gr.:>wn or any shed or 
other structure 1s put up in c:mtraventiln of the rule5 framed under 
clause (a) of sub-section (I) of this sect!J:l an:i any per5on 1S conv1cted 
for that offence, su-:h crop or shd or oth~r stru::ture shall be liable to 
confiscdtion by mder of the convictmg Magistrate: 
Provided that the Glvernment may exempt any penon or class of 
persons from the operatton of all or any of these rules. 
31. Power to close land at:ain.rl pastuu.-Whenever fire is caused 
wilfully or negiJ~ently in any land t::> which all or any of the rules made 
under sectiOn 30 have been extended, the Government may notwith­
_standing that a penalty has been,infl.cted under that ·ecttOn, d1rect that 
such land be closed against pasture for such period as they think fit: 
Provided that an area, sufficient in extent and in a locality reason­
ably convenient, is left open for the use of persons having rights of 
pasture in such land. 
32. Penaltie.r._:_Whoever pastures cattle or permits or causes cattle 
to trespass in land closed under section 31 shall be punished with im­
pri;onment for a term which may extend to one month, or w1th fine 
which may extend to one hundred rupees, or w1th both. 
CHAPTER IV 
Of the control over Forests and Lands not at the disposal 
of Government or in which Government have 
a limited interest 
33. On certarn lands the breaking up M clearing for cu[iivation, etc., may 
be rtgulatrd or prohzbztFd.-( I) The Government, may, from time to time, 
by notification in the Gazette, regulate or prohibit in any forest or 
waste land not at the disposal of Government-
( a) the breaking up or clearing of land; or 
(b) the firing or clearing of vegetation; or 
(c) the pasturing of cattle; 
30 
when such regulation or prohibition appears to be necessary for any 
of the following purpo~es:-
(l) for protection against storms, winds, rolling stones, floods 
and landslips; 
( u) for the preservation of the soil on the ridges and slopes and 
in the valleys of h1lly tracts, the prevention of landshps and of the for· 
mation of ravmes and torrents and the pro tee tion of land agamst erosion 
or the deposit thereon of sand, stones or gravel; 
(iii) for the maintenance of water supply in springs, rivers and 
tanks; 
(iv) for the protection of roads, bridges, 
of commuuicatwn; and 
(v) for the pre.ervation of public health. 
canals and other lines 
Any such notification may be altered or cancelled by a like 
notification. 
(2) The Government may, for any such purpose, construct, at 
their o .vn expense, in or upon any such forest or land, such works as 
they tlunk lit. 
( 3) No notification under sub-section (I) shall be issued, and no 
work under sub-section (2J c;hall be begun, until after the Issue of a 
notice to the owner of such forest or land, calling upon h1m to show 
cause, withm a reasonable penod to be specified m such notice why 
such notificatiOn should not be made or work constructed, and until hiS 
objections, if any, and any evidence he may produce in support of the 
same have been heard by an officer duly appointed in that behalf and 
have been considered by the Government. 
34. In the case of refusal by owner Gover11ment may take such lands on 
lease or acquzre them.-Whenever the owner of such forest or land may 
declme to comply with the regulations or directions contained in the 
said notif1catiOn, it shall be mcumbent upon the Government, If they 
resolve to assume control of the said forest or land, to take the sa1d 
fore.t or land or so much of it as they may see fit, on lease fmm the 
owner for such term as they may deem It necessary to retam the same 
under control, and the owner shall be bound e1ther to conclude such 
lease w1th the Government or to 1equire that such forest or land shall 
be acquired for public purposes and m the latter event, the Government 
shall acquire such forest or land accordingly. If such lease is agreed 
upon, the amount of annual rent to be reserved and all other questions 
arismg between the owner or persons claiming to be owners and the 
Government shall, in case of dispute, be determined so far as may be in 
accordance with the provlSJons of the Land AcquiSition Act for the time 
being m force, b)' any otficer appointed by the Government in that 
behalf subJeCt to an appeal to the District Court. 
35. Acqwsitwn of forest or land under the rules in force for the Acquisi­
tion of Landfor publzc purposes.-ln any case under this Chapter in which 
the Government consider that in lieu of taking of the forest or land 
under their control, the same should be acqU1red for public purposes, 
• 
"1' 
___ J 
• 
31 
the Government may, proceed to, acquire it in the manner prescribed 
by the law in force for the acquisition of land for pubhc purposes. 
36. Protection of forests at request of owners.-( 1) The owner of any 
land or, 1f there be more than one owner thereof, the owners of shares 
therein, whether div1ded or not, amounting in the aggregate to at least 
two th1rds thereof, may with a view to the formation or conservation of 
forests thereon represeat in wnting to the Chief Conservator of Forests 
their desire-
(a) that such land be managed on their behalf by a Forest 
Officer, as a Reserved Forest, on such terms as may be agreed upon ; or 
(b) that such land be managed, subject to the control of the 
Chief Conservator of Forests by a pers:m app:Jinted by themselves and 
approved by the Chief Conservator of Forests ; or 
(c) that all or any of the provisions of this Act or rules made 
there under be applied to such land. 
(2) The Government m'ly, in any such ca;e, by a notification in 
the Gazette, apply to such land such provuions of th1s Act as they think 
suitable to the circumstances thereof and as may be desired by the 
appltcants. Any such notificatiOn m:1y be alte1 ed or cancelled by a 
ltke notification. 
37. Management of forests, th~ joint /J'operty of Government and other 
persons.-If the Government and any person or persons are JOintly 
interested in any forest or waste land or in the whole or any part of the 
produce thereof, the Government may either-
(a) undertake the management of such forest, waste land or 
produce, accounting to such person for his interest m the same, or 
(b) issue such rules for the management of the forest waste land 
or produce by the person so jointly interested as they deem necessary for 
the management thereof and the mterests of all parties therem. 
When the Government undertake, under clause (a) of this section, 
the management of any fore~t, waste land or produce, they may, by 
notification in the Gazette, declare that any of the provisiOns contained 
in Chapters II and III of this Act shall apply to such fmest, waste land 
or produce, and thereupon such provisions shall apply accordmgly. 
Any such notification may be altered or cancelled by a hke notification. 
33. Persons emplrryed to carry out the Act to be deemed Forest 0./fzcers -
Any pcrs n employc:i und~r s~ctions 3 ~. 36 and 37 to carry out the 
provi>1o:1s of this Act shall be deemed to be a Forest Officer Within the 
meanmg of this Act. 
The Government shall also have power to appoint any person to 
dischar ~e any functiOn of a For'"st 0 fleer un:ler any of the prov1s1ons of 
th1s Act wh1ch have been extende:l to any land or t:> any forest or waste 
land or produce by a notification under section 35 or section 37 or 
under any rule made in pursuance of any provision so extended. 
32 
CHAPTER V 
Control over Timber and other Forest Produce 
39. Pown to make rules to regulate trade and transit of timber and other 
forest produce.- The Government may make 1 ules to regulate the transit 
of all timber or of certam classes of timber or forest produce withm the 
hmits of taluks in which Reserved Forests are situate or m taluks 
adJoming Reserved Forests, as may appear to be necessary. Such rules 
may (among other matters) :-
(a) prescnbe the routes by wh1ch alone timber may be imported 
jnto and exported from the State ; 
(b) prohibit the import or export or moving within defined local 
hmits of t1mber or forest produce \1 uhout a pass from the landholders 
from \vhose land It was b10ught, or from an officer duly authonsed to 
issue the same, or otherwise than in accordance with the conditions of 
such pass; 
(c) prescribe the form of such passes and provide for their issue, 
product on and return ; 
(d) prov1de for the stoppage, reporting, examination and marking 
of timber and other forest

Excerpt shown. Open the full act in Lexace.

‹ Prev All Kerala acts Next ›