Kerala Private Forests (Vesting and Assignment) Act, 1971

No: 26 Dated: Aug, 23 1971

THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) ACT, 1971

(Act 26 of 1971)

    An Act to provide for the vesting in the Government of private forests in the State of Kerala and for the assignment thereof to agriculturists ad agricultural labourers for cultivation

    Preamble. - Whereas the private forests in the State of Kerala are agricultural lands;

    And whereas Government consider that such agricultural lands should be so utilized as to increase the agricultural production in the sTate and to promote the welfare of the agricultural population in the state;

    And whereas Government also consider that to five effect to the above objectives 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. - (1) This Act may be called the Kerala Private Forests (Vesting and Assignment) 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, 1971.

2. Definitions. - In this act, unless the context otherwise requires, -

(a) "appointed day" means the 10th day of 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;

(c) "owner", in relation to a private forest, includes a mortgagee, lessess or other person having right to possession and enjoyment of the private forest;

(d) "person" includes a company, a religious or charitable institution of a public nature, a trust, a Hindu undivided family, a Marumakkathayam tarwad of tavazhi, an Aliyasanthana family or branch and a family governed by the Kerala Nambudiri Act, 1958 927 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 state Reorganisation Act, 1956 (Central Act 37 of 1956) -

(i) any land to which the Mardras Preservation of Private Forests Act, 1949 (Madras Act XXVII of 1949), applied immediately before the appointed day excluding -

(A) lands which are gardens or nilams as defined in the Kerala Land Reforms Act, 1963 (1 of 1964);

(B) lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market.

Explanation. - Lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the cultivation of such crops;

(C) lands which are principally cultivated with cashew or other fruit bearing trees or are principally cultivated any other agricultural crop and

sites of buildings and lands appurtenant to and necessary for the convenient enjoyment or use of , such buildings;

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 enclaves within wooded areas.

(2) in relation to the remaining areas in the State of Kerala, any forest not owned by the Government, including 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.