Kerala Forest Act, 1961
No: 4 Dated: Jan, 18 1962
THE KERALA FOREST ACT, 1961
(Act 4 of 1962)
An Act to unify and amend the law relating to the protection and management of forests in the State of Kerala
Preamble.-WHEREAS It is expedient to unify and amend the law relating to the protection and management of forests in the State of Kerala.
BE it enacted in the Twelfth Year of the Republic of India as follows;-
CHAPTER I
Preliminary
1. Short title, extent and commencement.-( I) This Act may be called the Kerala Forest Act, 1961.
(2) It extends to the whole of the State of Kerala:
Provided that the Government may, by notification in the Gazette, exempt any place from the operation of the whole or any portion of the Act, but not so as to affect anything done, or any offence committed, or any fine imposed or penalty mcurred, or any proceedings commenced in such place before such exemption, and mayin like manner vary or cancel such notification.
(3) It shall come into force at once.
2. Defwitions.-In this Act, and in all rules made thereunder, unless the context otherwise requires,-
(a) "Cattle" means cows, oxen and bulls and includes elephants, camels, buffaloes, horses, mares, geldings, pomes, colts, fiiiies, mules, asses, p.gs, rams, ewes, sheep, lambs, goats, kids and fowls and such other kmds of ammals as the Government may, by notification m the Gazette specify ;
(b) "Collector" means the Chief Revenue Officer of a District and includes an acting or officiating Collector, and also any Officer appointed by the Government to exercise the funct10ns of the Collector;
(c) "Forest offcer" means any person appointed by name or as holding an office by or unaer the orders of the Government to be a ChiefConseivator, a Conservator, Deputy Conservator, Assistant Conservator, Divisional Forest Officer, Ranger, Deputy Ranger, Forester, a Timber Depot Officer, Forest Guard, Forest Plantation Maistry, Vatcher, Game Warden, Assistant Game Warden, Game Ranger, Game Fore~ter, Game Guard, or to discharge any function of a Forest Officer under this Act or any rule made thereunder ;
(d) "Divisional Forest Officer" means the Chief Forest Officer of a Forest Division or a portion or portions of one or more Divisions, if in independent charge of such portion or portions, when they are constituted into a Forest DiviSion ;
(e) "Forest Offence" means an offence punishable under this Act or any rule made thereunder ;
(f) "Forest Produce" includes the following when found in oa· brought from, a forest, that is to say.-
(i) trees and leaves, flowers and fruits and all other parts or produce of trees, and charcoal,
(ii) plants not being trees (including grass, creepers, reeds and moss) and all other parts or produce of such plants,
(iii) wild animals and skins, tusks, horns, bones, silk cocoons, honey and wax and all other parts or produce of animals,
(iv) peat, surface soil, rock and minerals (including limestone and latente), mineral oils and all produce of mines and minerals ;
(g) "Land at the disposal of Government" includes all unoccupied land, all temporarily occupied land and all land occupied without permission, whether assessed or unassessed ; but does not include land, the property of land holders such as Jenmies, Devaswoms, or holders of Inam lands; also all holdings of land many way subject to the payment of land revenue d1rect to Government and all other registered holdings of land in proprietary right ;
(h) "Magistrate" means a Magistrate of the First or Second Class and includes a Magistrate of the Third Class when he is specially empowered by Government to try forest offences ;
(i) "River" includes streams, canals, backwaters, creeks and other channels, natural or artficial ;
(J) "State" means the State of Kerala ;
(k) "Timber" includes trees when they have fallen or have been felled, and all wood, whether cut up or fashioned or hollowed out for any purpose or not ; and
(l) "Tree" includes palms, bamboos, stumps, burshwood and canes.