Kerala act 026 of 1971 : 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^andcommencememr

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 ^toremove

difficulties. 1?

Power to make

rules

Repeal

18

239

THE KERALA

PRIVATE FORESTS

(VESTING ^AND

ASSIGNMENT) ^ACT,

1971* (Act ^26of

1971)

An Act to

provide

lot the

vesting ⁱⁿ

the

Government of private

forests^{in the}State ^ofKeralzi^andforthe

assign- ment thereof^to

agriculturists

and

agricultural labourers ^forcullivation Preamble—WHEREAS ^the

private

forestsⁱⁿthe

State^of Kerala ^are

agricultural lands; AND WHEREAS Government consider that such

agri; cultural lands should ^besoutilised^asto

increase

the

agri- cultural

production ⁱⁿ

the State and^to

promote the welfare of the

agricultural population ⁱⁿ

the

State;

AND WHEREAS

Government ^alsoconsmler^thatto

give effect to the above

ObJECthES ^itis

necessary ^thatthe

private forests should

vest ⁱⁿthe

Government; BE it enacted ^inthe

Twenty—second

Year^ofthe

Republic of India ^asfollows^.—

1.

Short

title,

extent and

commencement.—-(l)

This Act may be called

the Kerala Private Forests

(Vesting

and

Assign- ment) ^Act,

1971. ^'

(2) ^Itextends ^tothewhole^{of the}

State ^ofKerala.

(3) ^Itshall^bedeemed^{tohavecomeinto}

force ^onthe 10th

day

of

May,

197].

2. Definitions.—-In this

Act,

unless

the context other- wise

requires,— (a)

"appomted day"

means^the10th

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^inthe

Gazette, ^to

exercise^the powers and

perform

the functions of the custodian under this

Act; (e)

"owner"ⁱⁿrelation^toa

private forest,

includes^a mortgagee,

lessee^orother 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 ^orcharit- 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 ^tothe

Malabar district referred^toin sub-section

(2) ^ofsection^5of

the States

Re-mganisation

Act,

1956

(Central

Act 37 of

l956),—~

(i) any^{land to}

which^theMadras Preservation^of Private

Forests

Act,

1949

(Madras

Act

XXVII

'

of

1949).

applied immediately

before the ap- pointed day

excluding—

(A)

lands

which^are

gardens ^ormlams ^as

defined in the Kerala Land

Reform:

Act,

1963

(1

of

1964); ,

(B)

lands which^{are used}

prinCipally ^{for thewin-} vation of

tea, coffee, cocoa, rubber,

carda' mom or

cinnamon and lands used for any purpose ancrllary ^tothecultivation^ofsuch crops ^or[or

the

preparation

of

the^same for the

market, Explanation—Lands ^{used forthe}construction^ofoffice buildings, godowns,

iactories, quarters ^for

woikmen.

hospitals, schools and

playgrounds

shall

be deemed to be lands used for purposes ancrllary ^lothe

cultivation

of

such crops

(C)

lands which^are

prinCipally

cultivated^with cashew or other

fruit-bearing

trees or are principally

cultivated^withanyother 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^notowned

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 ^intheStale^oi Kerala, any

forest^notowned

by ^the

Government, including _

.

_..

"'._—_-'-' __-——o- ^a.-

2.4.

L,

241

waste lands which^areenclaves

within wooded areas. Explanation—For ^the

purposes^ofthis

clause, ^alandshall be deemed

to

be^awaste land

notwithstanding

the

existence thereon of scattered

trees or

shrubs; (g)

"Tribunal"

means^aTribunal constituted under section ^7.

3.

Private

forests^to

vest in

Government.—-(1)

Notwrth- standing anything

contained^inanyother^{lawfor the time} being ⁱⁿ

force, ^{orin any}contract^orother

document, ^but subject ^{to the}

prov1sions ^of

sub-sections

(2) and(3), ^Witheffect on and from the

appointed day,

the

ownership

and

possessiont-f all

private

forests ^intheState of Kerala

shall, by

virtue of this Act,

stand transferred ^{to and}vested ^intheGovernment^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

containedⁱⁿsub-section

(1)

shall

apply ⁱⁿ respect ^ofsomuch

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 ^thepurposes ^ofthis

sub-section.

"culti- vation"

includes culmation

of trees

or

plants

of any species

(3)

Nothing

containedⁱⁿsub-section

(1)

shall

apply ⁱⁿ respect ^ofsomuchextent ^of

private

forests^held

by ^an

owner under a valid

registered

document of

title executed before ^the appointed day ^andintended^forcultivation

by ^him.

which. together ^withother lands^held

by ^himtowhich

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 ^intheKerala 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^bedeemed^tobe"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) ^ofsection³

shall, ^so

long ^as

they

remain vested^inthe Government, ^bedeemed ^tobereserved forests

constituted under the Kerala

Forest

Act, ¹⁹⁶¹

(4

of

1962), ^andthepro- visions ^ofthatAct

shall, ^{sofar as}

may be,

apply ^tosuch private

forests.

5. Eviction

of persons in unauthorised

occupation—(l) The custodian or

any officer ^notbelow the rank of Divisional Forest Officer authorised

by

the custodian ⁱⁿ

that behalf may summarily

evict^any

person ⁱⁿ

unauthorised

occupation ^ofany private

forest vested ^intheGovernment under sub-section

(1)

of

section 3.

(2)

Notwithstanding anything

contained ^inanyother law ^for

the time

being ⁱⁿ

force,

the custodian^orthe officer authorised under sub—section

(1) may^forthe purposes ol that sub-section ^usesuch force^ashedeems 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 ^ofan

application under section⁸

before the

Tribunal,

the custodian may.^ifhe is satisfied that any land ^isa

private

forest vested in

the Government

under

sub-section

(1) ^ofsection

3,

cause^the boundaries thereof to be demarcated as if such land has vested in ^the

Government under ^thatsub-section.

7. Constitution of

Tribunals—(l)

The Government may, by

notification^inthe

Gazette. constitute one, ^ormorethan one, Tribunal for the purpOSes of this Act.

(2) ^TheTribunal shall consist^ofa

single

person^who

is, or has

been. ^or

)5

qualified

to be

appomted

as,

a District

Judge

(3)

Where^morethanoneTribunal^isconstituted under sub-section

(1),

the Government shall also define the areas within which^eachTribunal shall exercise

jurisdiction.

(4) ^TheTribunal

shall decide ^allmatters

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) ^TheTribunal

shall follow^such

procedure ^as

may ^be prescribed.

8. Settlement

of

disputes—(1)

Where

any dispute

arises as

to whether—

(a) any^landisa

private

forest^{or not; or}

(b) any

private

forest ^or

portion

thereof ^hasvested 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 ⁱⁿthe

Government, may apply ^tothe Tribunal for decision of the

dispute.

(2)

Any

application

under

sub-section ⁽¹⁾

shall^bein such form as

may ^be

prescribed.

(3) ^IftheTribunal

decides ^thatany^{landis nota} private

forest ^orthat

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 thecase}

may be, ^totheperson ⁱⁿ

possession

thereof immediately

before^the

appointed day.

9 No

compensation

to be

payable

for

vesting,

eta—No compensation

shall^be

payable ^forthe

vesting ^inthe

Govern- ment of any private

forest^orfor

the

extinguishment

of the right,

title ^andinterest^oftheowner^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 ^suchextent^ofthe

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 ^orlease^to—— (a)

agriculturists; (to)

agricultural

labourers; (c)

Members ^of

Scheduled Castes^and

Scheduled Tribes ^whoare

willing

to take up agriculture

as

means of their

livelihood; (d)

unemployed young

persons

belonging ^tofamilies of

agriculturists

and

agricultural

labourers.

who have

no sufficient means of

livelihood

and

who are

Willing

to take up agriculture ^asmeans of

their

livelihood, 3193—1621

244

(e)

labourers

belonging ^tofamilies ^of

agriculturists and

agricultural

labourers,

whose

principal

means of livelihood before the

appomted

day

was the income

they

obtained ^as wages ^forworkinconnection With^orrelated^to

private forests and^whoare

willing ^totakeup agriculture ^asmeans of their

livelihood, the

remaining private

forests ^or

the lands

comprised ^inthe private

forests^onsuchterms^and

subject ^tosuchconditions and

restrictions as

may^be

prescribed.

(2) ^TheGovernment may, by

notification ^inthe

Gazette, delegate

their power

under

sub-section ^{(1) to any}officer ^of the Government ^or

any class of officers of

Government.

sub- ject ^tosuchrestrictions ^andcontrol^{as maybe}

specified ^inthe notification

(3) ^Theextent^of

private

forests ^orlands

comprised ⁱⁿ private

forests

which^maybe

assigned ^{toeachof the}cate- gories ^ofpersons specified ⁱⁿ

sub-section

(1) ^andtheorder of

preference

in which

assignment may be ^madeshall^besuch as

may

be

prescribed.

11.

Assignment

to be

made within two

years—Assign- ment of the

private

forests^orthe lands

comprised

therein under section 10

shall.

as far as

may be.

be

completed

within two

years from the date of

publication

of this^Actin the Gazette.

12. Power ^ofTribunal^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^ofa civil court while

trying

a suit

under

the Code of Civil ^Pro— cedure. ¹⁹⁰⁸

(Central ^Act5of

1908). ⁱⁿ

respect ^ofthefollow— ing matters,

namely ^:—

(a) summoning ^and

enforcing ^the

attendance ^ofany person ^and

examining

him^on

oath; (b)

requiring ^the

discovery ^and

production ^ofany document;

(c)

receiving

evidence ^on

aflldavit; (d)

issuing

commissions^{for the}exammatton ^ofwit- nesses ^orfor local

investigation; (e)

inspecting any property ^or

thing

concerning

which any decision has^tobe

taken; (1'

245

(f)

requisitioning ^ofany 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 ^tobedecided ^ordealt ^{With ortobe}

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^havebeen

aSSigned

under section¹⁰ and shall be administered in such manner

as

may be

prescribed.

(2) ^{The Fund}referred^toinsub-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 ^ofremovmg^the

uifliculty.

17. Power to make

mice—(1)

The Government may. by notification in the

Gazette,

make

rules

to

carry

out

the pur- poses ^ofthis

Act.

(2) ^In

particular, ^andwithout

prejudice ^tothe

generality of the

foregomg power, such

rules may

provrde

for all or any of the

following matters,

namely ^:—

(a) ^allmatters

expressly required ^or

allowed

by

this Act to be

prescribed;

246

(3)

Evezy ^rulemade

under ^thissection shall^belaid as ^soon

as

may be after it^ismade before the

Legislative

AS' sembly

while^{it isin}sessmn^fora

total

period ^of

fourteen days

which may ^be

comprised ^inonesession^{orintwosuc—} cessive sessmns, and,

it

before the expiry of the sessionⁱⁿ which ^itis so land ^or

the session

immediately

followmg.

the Legislative Assembly

makes any modification ^intheruleor deCides ^that

the rule should^not

be

made, ^the

rule

shall. thereafter

have effect

only

in such modified ^[armor 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 ^doneunder ^thatrule

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 ³⁷of 1956), ^the

Kerala

Private

Forests

(Assumption ^of

Management) Act, ¹⁹⁵⁷

(13 ^of

1958) ^andthe

Kerala

Private Forests

(Vesting and

Assignment)

Ordinance,

1971

(14

of

1971),

are

hereby repealed.

(2)

Notwithstanding ^the

repeal ^oftheKerala

Private Forests

(Vesting

and

Assignment)

Ordinance.

1971

(14

of

1971).

by

sub-section

(1),

anything ^doneor

any

action

taken

under that Ordinance shall

be

deemed

to

have been done or taken under

this

Act.— '

'1'

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