LexThe TAMIL NADU PRIVATE FORESTS (ASSUMPTION OF MANAGEMENT) ACT (LV OF 1961)
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this act
1. Substituted by Tamil Nadu A.O. 1969
THE TAMIL NADU PRIVATE FORESTS
(ASSUMPTION OF MANAGEMENT) ACT (LV OF 1961)
In Act to provide for the taking over of the management of private forests in certain areas in
the State of Tamil Nadu.
CONTENTS
1. Short title, application and commencement
2. Definitions
3. Taking over of management of private forests
4. Certain consequences of taking over of management
by Government
5. Power of the Government
6. Release from management of private forests
7. Compensation for period of possession
8. Value of improvement to be paid to Government on
release from management by Government
9. Appeal
10. Penalties
11. Amounts to be recovered as arrears of land revenue
12. Procedure and power at enquiries.-
13. Power to enter upon private forest
14. Power to obtain information
15. Continuance of liability for land revenue, rates and
cesses
16. Operation of other laws not affected
17. Protection of action taken in good faith
18. Bar of jurisdiction of civil Courts
19. Power to make rules
20. Power to remove difficulties
Whereas it is expedient to provide for the talking over by
the Government, for a limited period, of the management of
private forests in certain areas in the State of Tamil Nadu in
the public interest or in order to secure proper management
of such forest;
Be it enacted in the Twenty year of the Republic of India
as follows:-
Short title,
application and
commencement
1. (1) This Act may be called The 1(Tamil Nadu) Private
Forests (Assumption of Management) Act, 1961.
(2) It applies to private forests situated in the Gudalur and
Ootacamund Taluk of the Nilgiris district.
(3) It shall come into force on such date as the Government
may, by notification, appoint 2.
2. In this Act, unless the context otherwise requires,
(1) "Collector" means the Collector of the Nilgiris district.
(2) 'forests' includes waste or arable land containing
1. Substituted by Tamil Nadu A.O. 1969
trees and shrubs, pasture and land any other class
of land declared by the Government to be a forest by
notification issued in this behalf.
Provided that in computing the period of limitation for a
suit, or any application for the execution of a decree, the
time during which such proceeding, attachment injunction,
order or claim the enforcement of which is barred under this
sub-section shall be excluded.
(3) The Government shall receive all rents and profits
(including the income from forest produce) accruing
from the management of the private forest and shall
incur the whole expenditure in the management of
the private forest.
Explanation:- A forest shall not cease to be such by reason
only of the fact that, in a portion hereof, trees or shrubs are
felled with or without the permission of the Collector, or
lands are cultivated, or rocks, tanks, rivers, or like exist.
(4) 'forest produce' shal l have the meaning assigned
to it in section2 of the 1(Tamil Nadu) Forest Act,
1882 (Tamil Nadu Act V of
1882);
(5) 'Government' means the State Government;
(6) 'owner' in relation to a forest includes a
mortgagee, lessee or
other person having right to possession and
enjoyment of the
forest;
(7) 'person' includes a Hindu undivided family, a
Marumakkattayan tarwad or tavazhi and an
Aliyasantana family or branch
(8) 'private forest' means a forest other than a
reserved forest constituted under the (Tamil
Nadu) Forest Act, 1882 (Tamil Nadu Act V of
1882), but does not include land at the disposalof
Government as defined in that Act.
Taking over of
management of
private forests
3. (1) Whenever it appears to the Government that it is
necessary to take over the management of any private
forest in the public interest or in order to secure the proper
management of it, they may publish a notice to that effect
in the Fort St. George Gazet te. Such notice shall state
within that any objections or suggestions which may be
received by the Government within a period to be specified
in the notice will be considered by them. Copies of the
notice shall served on the owner or any other person in
possession of the private forest.
(2) After expiry of the period specified in the notice under
sub-section (1) and after considering such objections and
suggestions as may be received before such expiry, the
Government may, by notification, declare that the
management of the private forest shall be taken over by
the Government from such date, and for such period not
exceeding ten years, as may be specified in the
notification
(3) On and from the date specified in the notification under
sub-section (2), the management of the private forest shall
vest in the Government and the Collector or any officer
authorized by him in this behalf may, after removing any
obstruction that may be offered, forthwith enter upon and
take possession of the private forest and all accounts,
registers, maps, plans and other documents relating to the
private forest which the Government may require for the
management thereof.
(4) Copies of the notification under sub -section (2) shall
be served in such manner as may be prescribed on the
owner or any other person in possession of the private
forest.
4.(1) Where the management of any private forest has
been taken over under section 3, so long as such
management remains vested in the Government-
(a) All rights and interests created in or over the
private forest by the owner or any person
interested in the private forest shall not be
enforceable against the Government;
(b) The owner or any person interested in the
private forest any person having any claim
against the private forest or the f orest
produce shall not be entailed to the rents and
profits (including the forest produce) accruing
there from during the period of such
management but shall be entitled only to the
compensation as provided in section 7;
(c) Such private forest shall not be liable to be
proceeded against in any manner whatsoever
in execution of any decree or order of any
Court or other authority and any attachment
or Injunction or order for the appointment of a
receiver in respect of such private forest
subsisting on the date of taking over of such
management shall cases to have effect; and
No claim of any person in respect of such private forest
shall be enforced by any court whether in execution of
decree or otherwise against the Government or against
any person holding such private forest under the
Government;
Certain
consequences
of taking over
of management
by Government
Power of the
Government
5. (1) Subject to such rules as may be made in this behalf,
the Government may take such measures as they
consider necessary or expedient for the purpose of
securing, administering, p reserving and managing any
private forest, the management of such has been taken
over under section 3.
(2) Without prejudice to the generality of the provision
contained in sub-section (1), such powers shall include
the power
a) to cut and remove trees in the private
forest:
b) to sell by auction or otherwise the
timber and other forest produce:
c) to enter into contracts for cutting and
removing trees:
d) to carry on cultivation:
e) to improve the private forest by
planting or otherwise; and
f) to prevent trespass and unauthorised
removal of any forest produce in the
private forest or to prevent the
commission of any act of waste in
the private forest.
Release from
management of
private forest
6. (1) On the expiration of the period specified in the
notification under sub -section (2) of section 3, or earlier if
the Government consider that it is no longer necessary to
continue in management of the private forest taken over
under section 3, the Governme nt shall release from their
management the private forest in as good a condition as it
was when 3 and shall restore the private forest in as good
a condition as it was when possession thereof was" taken
subject only to the changes caused in the ordinary c ourse
of management or husbandry and by irresistible force.
1) Where any private forest is to be released
form management by the Government, the
Government shall, after making an enquiry
in the prescribed manner, by notification,
specify the date on which and the person to
whom possession of such private forest
shall be given;
Provided that no notification under this sub -section
specifying any person other than the person from whom
possession of the private forest was taken shall be
published unless notice h as been given to owner of the
private forest, or if he is dead, to his heirs or legal
representatives and his or their representations, if any,
have been considered by the Government.
2) On the date specified in the notification
under sub -section (2) possess ion of the
private forest shall be deemed to have been
given by the Government.
The delivery of possession of the private forest to the
person specified in the notification under sub -section (2)
shall be a full discharge of the Government from all liability
in respect of the private forest, which any other person
may be entitled by due process of law, enforce against the
person to whom possession the private forest is given.
7. (1) Where the management of any private forest has
been taken over u nder section 3, on completion of every
twelve months from the date of such taking over until the
date specified in the notification under sub -section (2) of
section 6, the Collector shall after the expiry of thirty days
from the date of such completion, by order, determine the
compensation payable in respect of the private forest, in
accordance with the principles set out in sub -section (4)
and apportion such compensation in the manner specified
in sub-section (3).
(2) Every person claiming the compensa tion or any
portion thereof shall apply to the Collector within the period
of thirty days referred to in sub -section (1) or within such
further period not exceeding thirty days as the Collector
may in his discretion, allow.
(3) The Collector shall, after giving notice to all persons
who have applied under sub -section (2) and to any others
whom he considers to be interested and after making such
enquiry as may be prescribed, apportion the compensation
among the owner, the persons interested in the private
forest and other person having claim against the private
forest (including the forest produce) as far as possible in
accordance with the value of their respective interest or
claims.
(4) The amount of compensation payable for the private
forest for any completed twelve months shall be-
(a) a sum calculated on the total area of
the private forest at the rate of one
rupee annum per acre: and
(b) the net profits, if any, accruing from the
management of the private forest by
the Government during the said twelve
months.
(5) For the purpose of calculating the net profits, the total
expenditure incurred on the management of the private
forest (including the pay and allowances of the officers and
staff appointed for the purpose and the amount of any tax,
public charges and other dues paid in respect of the
private forest) shall be adjusted against the total income
from the management up to the date of ac count and the
Compensation
for period of
possession
amount of any deficit shall be carried forward with interest
at the prescribed rate from year to year till such amount is
made up and surplus is affected.
(6) For the purpose of sub-section (5)-
(a) the total expenditure shall include the
sum paid by the government under clause
(a) of sub-section (4) but shall not include
the capital expenditure incurred by the
Government on improvements, the value
of which is payable to the Government
under section 8; and
(b) the total income shall not include the
profits accruing from the private forest as
a result of such improvements.
(7) The amount of compensation determine under sub -
section (1) shall be paid by the Government to the person
or persons entitled thereof in such from and manner, and
at such time or times, and in one or more instalments, as
may be prescribed.
Value of
improvement to
be paid to
Government on
release from
management by
Government
8. Where any private forest is released from management
by Government, the owner and any person interested in
the private forest or in possession thereof be liable to pay
to Government a sum equal to so much of the value of the
private forest as is attributable to anything done on the
improvement of the private forest for the purpose of
enabling the forest to be properly farmed or of securing
increased efficiency in the farming of the private forest.
The Collector shall, by order, determine such sum which
shall be payable by such owner or person within one
month from the date of a demand made on writing by the
Collector in this behalf.
Provided that the owner or the person by whom any
sum is so payable may by notice in writing served on the
Collector within the said one month, elect to pay the said
sum together with interest thereon from the said date at
the rate of six per cent, per annum, by such number of
equal annual instalments not exceeding ten as may be
specified in the notice, the first instalment of which shall be
paid within one year from the said date.
Appeal 9. (1) Any person aggrieved by an order of the Collector
under sub-section (1) of section 7 or under section 8 may
appeal to the Board of Revenue within such period and in
such manner as may be prescribed.
(2) Notwithstanding anything contained in sub -section
(1), the Board of Revenue may admit an appeal preferred
after the period specified therein if the Board of Revenue
is satisfied that the appellant was prevented by sufficient
cause from fifing the appeal in time.
(3) The order of the Board of Revenue on appeal under
this section, or the order the Collector under sub -section
(1) or under section 8 where no appeal is preferred under
this section to the Board of Revenue, shall be final.
10. If any owner or person believed to be the owner or the
person in possession of the private forest or any other
person resists or obstructs any officer in the exercise of
any power conferred on, in the discharge of any duty
imposed upon, or in the performance o f any function
entrusted to, such officer by or under this Act, or
contravenes any provision of this Act, or any rule made
there under or any order made or direction given under
this Act, he shall be punishable with imprisonment for a
term which may extend to one year or with fine which may
extend to one thousand rupees or with both.
Penalties
11. All amounts payable to or recoverable by, the
Government in respect of the private forest, the
management of which has been taken over under section
3, may recovered as if they were arrears of land revenue.
Amounts to be
recovered as
arrears of land
revenue
12. Any authority having power to make an enquiry under
this Act shall make the enquiry in the manner provided in
the Tamil Nadu Revenue Enquiries Act, 1893 (Tamil Nadu
Act V of 1893) and shall have all powers which are, or may
be, vested in the revenue officers by that Act and by the
Tamil Nadu Revenue Summonses Act, 1869 (Tamil Nadu
Act III of 1869).
Procedure and
power at
enquiries
13. The Collector or any officer authorized by him in
writing in this behalf may enter upon any private forest with
such other officers or persons as he considers necessary
and so all acts necessary for carrying out the purposes of
this Act.
Power to enter
upon private
forest
14. The Government or the Collector may, with a view to
carrying out the purpose of this Act, by order, require any
person to furnish to such officer as may be specified in the
order such information in his possession as may be
specified relating to the private forest, the management of
which is taken over or intended to be taken over under
section 3.
Power to obtain
information
15. The taking over of the management of a private forest
under section 3 shall affect the liability of any person to
pay land revenue, rate or cess in respect of such private
forest for any period whether before or after the date of
taking over of such management.
Continuance of
liability for land
revenue, rates
and cesses
16. The provisions of this Act shall be in ad dition to, and
not in derogation of, any other law for the time being in
force relating to forests.
Operation of
other laws not
affected
17. No suit, prosecution or other legal proceeding shall lie
against any officer or other authority for anything whi ch is
in good faith done or intended to be done under this Act or
Protection of
action taken in
good faith
any rule or under made there under.
Bar of
jurisdiction of
civil Courts
18. No civil Court shall have jurisdiction in respect of any
matter which the Collector or other authority is empowered
by or under this Act to determine, and no injunction shall
be granted by any Court or other authority in respect of
any action taken in pursuance of any power conferred by
or under this Act.
Power to make
rule
19. (1) The Government may rules to carry out all or any of
the purposes of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for
all or any of the following matters, namely:-
(a) the procedure to be followed in talking
possession of private forests:
(b) the preservation, maintenance and
management of the private forest:
(c) the manner of service of notice and
others;
(d) the proper collection of the income of
the private forest taken over by the
Government an d the incurring of the
expenditure in the management of the
private forest;
(e) the manner in which the accounts
relating to the management of the
private forest are to be maintained and
audited;
(f) any other matter which has to be, or
may be, prescribed.
(3) All rules made under this Act shall be published in
the Fort St.George Gazette, and unless they are
expressed to come into force on a particular day,
shall come into force on the day on which they are
so published.
Every rule made under this Act shall, as soon a s possible
after it is made, be placed on the table of the Legislative
Assembly, and if, before the expiry of the session in which
it is so placed or the next session, the Legislative
Assembly agrees in making any modification in any such
rule or agrees th at the rule should not be made, the rule
shall thereafter have effect only in such modified from or
be of no effect, as the case may be, so however, that any
such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
Power to
remove
difficulties
20. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, as occasion
may require, by order, do anything which appears to them
necessary for the purpose or removing the difficulty.
(2) Every order made under sub -section (1)shall, as soon
as possible after it is made, be placed on the table of the
Legislative Assembly, and if, before the expiry of the
session in which it is so placed or the next session, of t he
Legislative Assembly agrees in making any modification if
any such order or the Legislative Assembly agrees that the
order should not be made, the order shall thereafter have
effect only in such modified from or be of no effect, as the
case may be, so h owever that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under order.