The Kerala Private Forests (Vesting and Assignment) Act, 1971 (No.26 of 1971)

238
THE KERALA PRIVATE FORESTS (VESTING
AND ASSIGNMENT) ACT, 1971
(Act 26 of 1971)
CONTENTS
Preamble.
Sections
'
1. Short title, extent and commencememr
2. Definitions.
3. Private forests to vest in Government
4. Private forests to be deemed to be reserved forests
5. Eviction of persons in unauthorised occupation.
6. Demarcation of boundaries.
7. Constitution of Tribunals
8. Settlement of disputes.
9. No compensation to be payable for vesting, etc
10. Assrgnment of private forests.
1] Assignment to be made within two years.
12. Power of Tribunal and custodian.
13. Bar of Jurisdiction of Civil courts.
14 Indemnity.
15 Constitution of Agriculturxsts Welfare Ffmd.
16. Power to remove difficulties.
1? Power to make rules
18 Repeal

239
THE KERALA PRIVATE FORESTS (VESTING AND
ASSIGNMENT) ACT, 1971*
(Act 26 of 1971)
An Act to provide lot the vesting in the Government of
private forests in the State of Keralzi and for the assign-
ment thereof to agriculturists and agricultural
labourers for cullivation
Preamble—WHEREAS the private forests in the State of
Kerala are agricultural lands;
AND WHEREAS Government consider that such agri;
cultural lands should be so utilised as to increase the agri-
cultural production in the State and to promote the welfare
of the agricultural population in the State;
AND WHEREAS Government also consmler that to give
effect to the above ObJECthES it is necessary that the private
forests should vest in the Government;
BE it enacted in the Twenty—second Year of the Republic
of India as follows .—
1. Short title, extent and commencement.—-(l) This Act
may be called the Kerala Private Forests (Vesting and Assign-
ment) Act, 1971.
‘
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the
10th day of May, 197].
2. Definitions.—-In this Act, unless the context other-
wise requires,—
(a) ”appomted day" means the 10th day 01' May, 1971,
(b) "custodian" means the Chief Conservator of Forests
of the State of Kerala or any other officer appointed by the
Government, by notification in the Gazette, to exercise the
powers and perform the functions of the custodian under
this Act;
(e) "owner" in relation to a private forest, includes a
mortgagee, lessee or other person having right to possesston
and enjoyment of the private forest,
‘Published in the Gazette Extraordinary No. 363, dated 23rd
August, 1971.

240
(d) "person” includes a company, a religious or charit-
able institution of a public nature, a trust, a Hindu undivided
family, a Marumakkathayam tarward or tavazhi, an Aliyav
santhana family or branch and a family governed by the
Kerala Nambudiri Act. 1958 (27 of 1958),
~
(e) ”prescribed" means prescribed by rules made under
this Act;
-
(f) "private forest” means,—
(1) in relation to the Malabar district referred to in
sub-section (2) of section 5 of the States Re-mganisation Act,
1956 (Central Act 37 of l956),—~
(i) any land to which the Madras Preservation of
Private Forests Act, 1949 (Madras Act XXVII
'
of 1949). applied immediately before the ap-
pointed day excluding—
(A) lands which are gardens or mlams as defined
in the Kerala Land Reform: Act, 1963 (1
of 1964); ,
(B) lands which are used prinCipally for the win-
vation of tea, coffee, cocoa, rubber, carda‘
mom or cinnamon and lands used for any
purpose ancrllary to the cultivation of such
crops or [or the preparation of the same
for the market,
Explanation—Lands used for the construction of office
buildings, godowns, iactories, quarters for woikmen. hospitals,
schools and playgrounds shall be deemed to be lands used for
purposes ancrllary lo the cultivation of such crops
(C) lands which are prinCipally cultivated with
cashew or other fruit-bearing trees or are
principally cultivated with any other agri-
cultural crop; and
(D) Sites of buildings and lands appurtenant to,
and necessary for the convenient enjoyment
or use of, such buildings;
(ii) any forest not owned by the Government. to
which the Madras Preservation of Private
Forests Act, 1949, did not apply, including
waste lands which are lenclaves Within
wooded areas;
(2) in relation to the remaining areas in the Stale oi
Kerala, any forest not owned by the Government, including
_
.
_..
"‘._—_-‘-‘
__-——o- a.-
2.4.
L,

241
waste lands which are enclaves within wooded areas.
Explanation—For the purposes of this clause, a land shall
be deemed to be a waste land notwithstanding the existence
thereon of scattered trees or shrubs;
(g) "Tribunal” means a Tribunal constituted under
section 7.
3. Private forests to vest in Government.—-(1) Notwrth-
standing anything contained in any other law for the time
being in force, or in any contract or other document, but
subject to the prov1sions of sub-sections (2) and(3), With effect
on and from the appointed day, the ownership and possessiont-f
all private forests in the State of Kerala shall, by virtue of this
Act, stand transferred to and vested in the Government free
from all encumbrances, and the right, title and interest of
the owner or any other person in any private forest shall stand
extinguished.
(2) Nothing contained in sub-section (1) shall apply in
respect of so much extent of land comprised in private forests
held by an owner under his personal cultivation as is within
the ceiling limit applicable to him under the Kerala Land
Reforms Act, 1963 (1 of 1964) or any building or structure
standing thereon or appurtenant thereto
Explanafiom—For the purposes of this sub-section. "culti-
vation" includes culmation of trees or plants of any species
(3) Nothing contained in sub-section (1) shall apply in
respect of so much extent of private forests held by an owner
under a valid registered document of title executed before the
appointed day and intended for cultivation by him. which.
together with other lands held by him to which Chapter III
of the Kerala Land Reform Act, 1963. is applicable, does not
exceed the extent of the ceiling area applicable to him under
section 82 of the said Act.
(4) Notwithstanding anything contained in the Kerala
Land Reforms Act, 1963, private forests shall, for the purposes
of sub-section (2) or sub—section (3), be deemed to be lands
to which Chapter III of the said Act is applicable. and for the
purposes of calculating the ceiling limit applicable to an owner.
private forests shall be deemed to be ”other dry lands" specifi-
ed in Schedule II to the said Act.
4 Private forests to be deemed to be reserved forests.—
All private forests vested in the Government under sub-section
3/23—16

242
(1) of section 3 shall, so long as they remain vested in the
Government, be deemed to be reserved forests constituted
under the Kerala Forest Act, 1961 (4 of 1962), and the pro-
visions of that Act shall, so far as may be, apply to such
private forests.
5. Eviction of persons in unauthorised occupation—(l)
The custodian or any officer not below the rank of Divisional
Forest Officer authorised by the custodian in that behalf may
summarily evict any person in unauthorised occupation of any
private forest vested in the Government under sub-section (1)
of section 3.
(2) Notwithstanding anything contained in any other
law for the time being in force, the custodian or the officer
authorised under sub—section (1) may for the purposes ol that
sub-section use such force as he deems necessary.
6. Denial-cation of houndaries.——(1) As soon as may be
after the appointed day, the custodian shall cause the bound-
aries of the private forests vested in the Government under
sub-section (1) of section 3 to he demarcated
(2) Notwithstanding the pendency of an application
under section 8 before the Tribunal, the custodian may. if he
is satisfied that any land is a private forest vested in the
Government under sub-section (1) of section 3, cause the
boundaries thereof to be demarcated as if such land has vested
in the Government under that sub-section.
7. Constitution of Tribunals—(l) The Government may,
by notification in the Gazette. constitute one, or more than
one, Tribunal for the purpOSes of this Act.
(2) The Tribunal shall consist of a single person who is,
or has been. or )5 qualified to be appomted as, a District Judge
(3) Where more than one Tribunal is constituted under
sub-section (1), the Government shall also define the areas
within which each Tribunal shall exercise jurisdiction.
(4) The Tribunal shall decide all matters within its
comoetence and may review any of its decisions In the event
of there being a mistake on the face of the record or correct
anv arithmetical or clerical error therein but subiect thereto.
the decision of the Tribunal on any matter within its jurisdic-
tion shall be final and conclusive
fl'
T

A.
243
(5) The Tribunal shall follow such procedure as may be
prescribed.
8. Settlement of disputes—(1) Where any dispute arises
as to whether—
(a) any land is a private forest or not; or
(b) any private forest or portion thereof has vested
in the Government or not,
the person who claims that the land is not a private forest
or that the private forest has not vested in the Government,
may apply to the Tribunal for decision of the dispute.
(2) Any application under sub-section (1) shall be in
such form as may be prescribed.
(3) If the Tribunal decides that any land is not a
private forest or that private forest or portion thereof has
not vested in the Government, the custodian shall, as soon
as may be, restore possession of such land or private forest or
portion, as the case may be, to the person in possession thereof
immediately before the appointed day.
9 No compensation to be payable for vesting, eta—No
compensation shall be payable for the vesting in the Govern-
ment of any private forest or for the extinguishment of the
right, title and interest of the owner or any other person in
any private forest under sub-section (1) of section 3.
10. Assignment of private forests—(1) The Government
shall, after reserving such extent of the private forests vested
in the Government under sub—section (1) of section 3 or of
the lands comprised in such private forests as may be neces-
sary for purposes directed towards the promotion of agri—
culture or the welfare of the agricultural pOthl'lllOn or for
purposes ancillary thereto, assign on registry or lease to——
(a) agriculturists;
(to) agricultural labourers;
(c) Members of Scheduled Castes and Scheduled
Tribes who are willing to take up agriculture as means of
their livelihood;
(d) unemployed young persons belonging to families
of agriculturists and agricultural labourers. who have no
sufficient means of livelihood and who are Willing to take
up agriculture as means of their livelihood,
3193—1621

244
(e) labourers belonging to families of agriculturists
and agricultural labourers, whose principal means of livelihood
before the appomted day was the income they obtained as
wages for work in connection With or related to private
forests and who are willing to take up agriculture as means
of their livelihood,
the remaining private forests or the lands comprised in the
private forests on such terms and subject to such conditions
and restrictions as may be prescribed.
(2) The Government may, by notification in the Gazette,
delegate their power under sub-section (1) to any officer of
the Government or any class of officers of Government. sub-
ject to such restrictions and control as may be specified in the
notification
(3) The extent of private forests or lands comprised in
private forests which may be assigned to each of the cate-
gories of persons specified in sub-section (1) and the order
of preference in which assignment may be made shall be such
as may be prescribed.
11. Assignment to be made within two years—Assign-
ment of the private forests or the lands comprised therein
under section 10 shall. as far as may be. be completed within
two years from the date of publication of this Act in the
Gazette.
12. Power of Tribunal and custodian.—-The Tribunal and
the custodian shall, for the purpose of exercising any power
conferred by or under this Act, have all the powers of a
civil court while trying a suit under the Code of Civil Pro—
cedure. 1908 (Central Act 5 of 1908). in respect of the follow—
ing matters, namely :—
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) requiring the discovery and production of any
document;
(c) receiving evidence on aflldavit;
(d) issuing commissions for the exammatton of wit-
nesses or for local investigation;
(e) inspecting any property or thing concerning which
any decision has to be taken;
(1'

245
(f) requisitioning of any public record or copy thereof
from any court or omce; and
(g) any other matter which may be prescribed.
13. Bar of jurisdiction of civil courts.—No ciVil court shall
have Jurisdiction to deCide or deal With any question or to
determine any matter which is, by or under this Act. re«
quired to be decided or dealt With or to be determined by the
Tribunal, the custodian or any other officer.
14. Indemnity.—No suit, prosecution or other legal pro-
ceedings shall lie against, the Government or the Tribunal or
the custodian or any other officer for anything in good tauh
done or intended to be done under this Act or any rule or
order made thereunder.
15. Constitution of Agriculturisls Welfare Fund.—(1) A
fund called the Agriculturists Welfare Fund shall be con-
stituted by the Government to be utilised for the settlement
and welfare of perSOns to whom private forests or lands com-
prised in private ioreSLs have been aSSigned under section 10
and shall be administered in such manner as may be prescribed.
(2) The Fund referred to in sub-section (1) shall cun—
sust of grants or loans by or from the Government and monies
received by the Government by the sale 01 trees standing in
such portions of the private forests as are or may be assigned
under section 10.
16. Power to remove difliculties.—If any difficulty arises
in giving effect to the proviSions of this Act, the Govern-
ment may, as occasmn may require, by order do anything
not inconSislient With such DTOVISIOHS which appears to them
necessary for the purpose of removmg the uifliculty.
17. Power to make mice—(1) The Government may. by
notification in the Gazette, make rules to carry out the pur-
poses of this Act.
(2) In particular, and without prejudice to the generality
of the foregomg power, such rules may provrde for all or
any of the following matters, namely :—
(a) all matters expressly required or allowed by this
Act to be prescribed;
_
(b) any other matter which has to be, or may be,
prescribed.

246
(3) Evezy rule made under this section shall be laid
as soon as may be after it is made before the Legislative AS‘
sembly while it is in sessmn for a total period of fourteen
days which may be comprised in one session or in two suc—
cessive sessmns, and, it before the expiry of the session in
which it is so land or the session immediately followmg. the
Legislative Assembly makes any modification in the rule or
deCides that the rule should not be made, the rule shall.
thereafter have effect only in such modified [arm or be of
no effect, as the case may be; so however that any such modi-
fication or annulment shall be without preJudice to the vali-
dtty of anything preViously done under that rule
18. Repeal.—(1) The Madras Preservation of Private
Forests Act, 1949 (Madras Act XXVII of 1949), as in force
in the Malabar District referred to in sub—section (2) of section
5 of the States Re-orgamsation Act, 1956 (Central Act 37 of
1956), the Kerala Private Forests (Assumption of Management)
Act, 1957 (13 of 1958) and the Kerala Private Forests (Vesting
and Assignment) Ordinance, 1971 (14 of 1971), are hereby
repealed.
(2) Notwithstanding the repeal of the Kerala Private
Forests (Vesting and Assignment) Ordinance. 1971 (14 of 1971).
by sub-section (1), anything done or any action taken under
that Ordinance shall be deemed to have been done or taken
under this Act.—
‘
‘1’
.__
-
__..-
._..____..___.__.__.
__
_-
__
__

‹ Prev All Kerala acts Next ›