Kerala act 013 of 1958 : The Kerala Private Forests (Assumption of Management) Act, 1957 (No.13 of 1958)

•

•

43

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.

1

44

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 '>-·

•

•

45

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

3

46

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

),..-

•

47

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

(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."

,

48

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

•