The Kerala Private Forests (Assumption of Management) Act, 1957 (No.13 of 1958)

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THE KERALA PRIVATE FORESTS (AS::iUMI'TION 
OF MANAGEMENT) ACT, 1957 
(Act 13 of 1958) 
CONTENTS 
Sections . 
I. Short title and commencement 
2. Application. 
3 Definitions. 
4. Assumption of management of private forests. 
6 Power to take possession of private forests. 
6. Powers of Government. 
7. Disabilities of the owner. 
8. Appointment of offiicers. 
9 Surplus ofreceipts to be paid to owner. 
10 Keeping of accounts. 
11. Release from management. 
12. Service of notice and orders. 
13. Protection of action taken under the Act. 
14. Act to be supplemental to the Madras Preservation of Private 
Fore1ts Act, 1949. 
15. Removal of difficulties. 
16. Power to make rules. 
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ACT 13 OF 1958 
T~~E KARALA PRIVATE FORESTS (ASSUMPTION OF 
MANAGEl\ZENT) ACT, 1957 
An Act to provide for the ta~·ing over of tlze management of pnvaf.e 
.forests for a hm1ted period. 
Preambte.-WHEREAS it is expedient to provide for the taking 
over by the Government for a limited period of the ma.nagement. of 
private forests m the State of Kerala in the pubhc interest or m order 
to secure proper management of such forest; 
BE 1t enactPd in Lhe Eighth Year of the Republic of India as 
follows·-
!. Slto1l t?tle and commenccment-(l) This Act may be called the 
Kerala Pnvatc Forests (AssumptiOn of Management) Act, 1957. 
· (2) lL shall come mto force at once. 
2. Appltcatwn- This Act shall apply to private forests in the 
Malabar. district referred to m sub-sectiOn (2) of sectiOn 5 of the States 
Reorganisation Act, 1956 (Central Act 37 of Hl56) having a contiguous 
area exceeding 100 acres. 
Explantion -A private forest exceeding 100 acres in extent shall 
not cease to be such by reason only of the fact that, m a. portion there 
of, trer~s or shrubs are felled with or without tbe permission of the 
D1stnct Collector or lands are cultivated, or rocks, roads, ta,nks, riVers 
or tbe hke exist, nor eha.ll the area of such forest cease to be contiguous 
by reason only of the existence of all or any of the aforesa1d circum-
tltances. • 
3. DefinUwns.-In this Act, unless the context othe:-wise requires, 
(l) "iotest" mcludes waste or arable land containmg trees and 
shrubs, pasture land and any other class of land declared by the 
Government to be a forest by notification in the Gazette, 
(2) "owner" m relatwn to a forest mcludes a mortgagee lessee 
or other p~rson havmg nght to posse.;swn and enjoyment of the forest, 
(3) 'person" indudes a Hmdu undivided family, a. Marumakka­
tbayam tarwad or thavazbi or ar. AIIyasa.nthan.1 family or branch; 
( 4) "prescnbed '' means prescnbed by rulet! made under th1s 
Act. 
4 Assumption of management of pnvate Jotests.-(1) Whenever 
it appears to the Government that 1t is necessary to take over the 
management of any private forest to which this Act applies in the 
Fecelved the assent oJ the Pres1dent on 22nd January 1958 and 
Published in the Gazette Extraordmary dated 28th January 1958 
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pubhc interest or in order to secure the proper management of su cb 
private forest, they may pnbli!'lb a not.ificatlon to that effect in the 
Gazette. Copies of the notification shall be served on the person in 
possession of the forest and on all such persons known or beheved to 
be mterested tberein. 
( 2) Any person on whom a notification is Rerved under sub-section 
(1) may witbm 15 days of the service of tho notification object to the 
taking over of the management ot the forest Any other per~on 
interested may object to the takmg over of the management within 
15 days of the publication of the notification in the Gazette. Such 
objections shall be m writmu and present••d tt~~ the Government in 
persGln or~ent by registered post. 
(3) If after considering the object ion!~, if any, made under 
sub-sectiOn (2), the Government are satisfied that it is necest:nry to 
take over the management of the pnvate forest m the public mterest 
or in order to secure the p10per management thereof, they may, by 
order in wntmg, take over the management of the forest for such penoo 
not exceeding five yearR as may be speCifie•l m the order, 1 and may 
make such further orders as appear to them to be necessary or expedient 
in connection with such taking over. 
5. Power to take posse8swn of private forests.-(1) Where an order 
has been made 1mder sectwn 4, the Government may by notlCe in 
writing order the owr.er or the person believed t.o be the O\\<ner or the 
person in possesswn of the pnvate forest to surrender or dehver po­
ssesswn of the private forest to, the Government or any officer authorised 
by them in this behalf within thirty days of the service of the notice. 
(21 If auy owner or person believed to be the owner or the person 
in possession of the private forest refuses or fails to comply with an 
order under sub-sectwn ( 1), the Government or any officer authOrised 
in tb1s behalf mu.y take possession of the private forest. 
(3) If any owner or person believed to be the owner, or the 
person m possession of ~_he private forest, rufuses or falls to comply 
'\Hth an order under sub-section (1) he shall, on r,onvictwn, be liable to 
fine not exceedmg Rs. 200 and in case the refusal or failure to comply 
with an order under sub-sectio? (1), continues for more than one month, 
after sur.h convictwn, With further fine which may extend to Rs. 100 
for every week or p<1.rt thPt tlof durin!! which such refusal or failure 
contmues. If such refus,d ur failure continuea for more than two months, 
he shall on conVlCtlOn be punishable with imprisonment for a term 
which may extend to one year or with fine which may extend t() 
Rs. 1,000 or with both. 
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6. Powers of Gm,renment.-(1) Subject to the provisions of any 
rules that may be made in thi3 behalf, the Government may take such 
me~Lsurcs as they con~1der necessary or expedient for the purprses of 
securing admimhtenng, preserving and mauaging any pnvate forest, 
the managemtnt of which has been taken over under section 4. 
{2) Without prejudice to the generality of the provision contam­
ed m sub-section ( l) such powers shall include the power-
( I) to cut and remove tree m the fore~t, 
(ii) to sell by auctiOn or otherwise the timber and other forest 
produce; 
(m) to enter mto contracts for cutting and removmg trees, 
(Iv) to carry on cultiVatwu, and 
(v) to improve tile forest by planting or otherwise 
7. Disab~littes of the owner.-(1} The owner of a private forest Lhe 
management of whiCh has been takPn O\flr by the Government under 
this Act shall not-
(a) transfer or oth..,rwise dispose of thF forest or any part thereof 
or create any charge, hypothecatiOn, hen or other encumbrance; or 
(b) enter into any agreement m respect of the private forest or 
m re"pect of t'.Jo trees or the forset produce therein, witbou t the previous 
approval of the Government, 
(2) Any transaction in contra vent10n of sub-sectiOn ( l) shall 
not affect t.he rights of the Government under this Act 
8. Appotnlment of officers • .. The Government may, by notificatiOn 
m the Gazette, appomt any officer or officers to manage tlie affairs of 
any forest the managf>ment of whiCh has been t.aken over under section 
4 and specifv the powers which such officer or officers may exercise m 
respect of the management ol the forest. 
9· Surplu.~ of recezpts to be paid to owner -Out of the Qums receiv­
ed on account of the management of any private forest by the Govern­
ment u11der t.h1s Act, the cout of management incurred by the Govern­
ment includmg the pay and allowances of officers appomted und~r 
sectwn ~ and of the staff and other persons employed in the course of 
the manugemrnt or buch portion thereof as may be directed by the 
Government and tho amount of any taxes, puhlic charges and other 
due~ payable to t.he Government in respect of the forest shall be deduct­
ed and thP balance of the amount shall be paid by the Government to 
the owner 
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10. Keeping of accounts.-( I) Accounts of all receipts and dis­
bursE.'Iments in respect of the management. of a priVate forest, the 
management of whiCh ha.s be<>n taken over bv the Government, Rhall 
be mamtamed in such manner as may be prescribed. , 
(2) Such accounts shall be inspected and audited at such intcr-
vnls and by such persons as may be prescribed. 
11 Release from management.-( 1) On the cxpirn.tion of the period 
for wh1ch management of a pnvate forest was taken over. or earlier, 1f 
the Governmetlt consider tha.t it IS 110 longer necessarv to 0~ntinue in 
management. the Government shall, by orrier, release Auch forest from 
th01r management. 
(2) Y\ hen the management of any pnvate forost is to be released 
as aforesaid, the Government may after such mqmry, if any, as they 
mo.y in any CR.se consider necessary to make or cause to be mad€', 
specify by ord~r in wr1tmg the pereon to whom possussion of the forest 
shall be g1ven and such possession shall, as far .ts pmctical.Jle, be given 
to the person from whom possession was taken at. the time of the 
management or to the successors-m-mterest of such person 
(3) The delivery of possesRion of the forest to t.hc person spec1fied 
in an order under sub-sectwn (2) shall be a full d!sch•trge of the Govern­
ment from all hab1hty m respect of the forest, but shall not prPJudice 
any nghts m respect of the forest which any othor person may be 
cut1tled by due process of law to enforce agamst tho person to whom 
posse!:~Rion of the forest is given. 
(4) Where any person to whom possession of any forest is to be 
g1ven IS not found a.nd has no agent or other person empowered to 
accept dehvery on hts behalf, the Governm~nt sha.ll eau~e to be publish­
ed m the Gazette the order passed under sub-sectiOn (1) 
(5) On and from the date of publiccLtJUn of the order under sub­
sectiOn (4), possession of the forest shall be deemed to bavc been 
delivered to the person ent1tled to pO!'Res,;Jon thereol and the Govern­
ment shall not be hable tor any cla~m m respect ol the forest for any 
period after the said date. 
(6) All agreements validly entered mto by the GovCinmcot m 
the course of management &hall be bmdmg on the owner. 
12. Sermce of notice and orders -Every notice 01 order Jssue<l under 
·thlB Act-
(rt) of a general nature, shall be pubh <;bed in Lhe Gazette, 
(b) affecting an mciividnal corporation or firm, shall be served 
in the mann•)r proVIded for the service of summons m Rule 2 of Ordel." 
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XXIX or Rule 3 of Order XXX, a;, the case may be, in the First 
Schedule to the Code of CiVIl Procedure, 1908, and 
(c) altecLing an individual person (not being a corpor~~otion or 
firm), shall be served on such person-
' (i) by dehvermg it or tendering it to that person; or 
(11) 1f 1t cannot be delivered or tendered, by dehvermg it or 
tendering 1t to any officer of such person or any adult male member of 
the family ot such verson or by affixmg a copy thereof on the outer 
door or on some conspicuous part of the prem1ses in which tha.t person 
is known to have last res1dC'd or ca.rned on busmess or person11.lly work­
ed for gam; or 
(Ill) by registered post. 
13. Protectw,~ of actwn taken 'under the Act.-No suit, prosecutwn 
or other legal IJroceeuwg shall he against any officer ot Government 
for anythmg m good fa1th done or mtended to be done under th1s Act 
14. Act to be supplemental to the Madras Preservatwnof Pnvate Forests 
Act, 1949.- The prov1sions of th1s Act shall be m add1t10n to and not 
in derogation of the prO\'Iswns of the Madras P1eservat10n of Pnvate 
Forests Act, 1949. 
15. Removal of difficulties.-1f any d1ffioulty arises m g1ving effect 
to the proVISIOns of this Act, the Government may, as occaswn may 
anse, by order do anythmg whiCh 11ppears to them neceesary for the 
purpose of removmg the diffiCulty. 
16. Power to mah.e rules.-(1) The Government may, by notification 
10 the Gazette, make rules tor carrymg out 1-he purposes of thB Act 
(2) 1\11 rules and notifications issued by the Government under 
Rub-section {l) of this sect10n and sectiOn 4 respectively, shall be 
placed on the table of the LegislatiVe Assembly for a period of 14 days 
when the Assembly 1s m 1'\essiOn and shall be subJect to such IUOd!fi­
catwn, amendment OI cancellatiOn as m1ght be made riurmg the period 
when they are so la1d 
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