Tamil Nadu Private Forests (Assumption of Management) Act, 1961
No: 55 Dated: Jan, 01 1961
THE TAMIL NADU PRIVATE FORESTS (ASSUMPTION OF MANAGEMENT)
ACT (LV OF 1961)
An Act to provide for the taking over of the management of private forests in certain areas in the State of Tamil Nadu.
Whereas it is expedient to provide for the taking 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 forests;
Be it enacted in the Twelfth Year of the Republic of India as follows:-
1. Short title, application and commencement. - (1) This Act may be called the Tamil Nadu Private Forests (Assumption of Management) Act, 1961.
(2) It applies to private forests situated in the Gudalur and Ootacamund taluks of the Nilgiris district.
(3) It shall come into force on such date as the Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "Collector" means the Collector of the Nilgiris district;
(2) 'forest" includes waste or arable land containing trees and shrubs, pasture land and any other class of land declared by the Government to be a forest by notification issued in this behalf.
Explanation. - A forest shall not cease to be such by reason only of the fact that, in a portion thereof, trees or shrubs are felled with or without the permission of the Collector, or lands are cultivated, or rocks, roads, tanks, rivers, or the like exist;
(3) "forest-produce" shall have the meaning assigned to it in section 2 of the if Tamil Nadu Forest Act, 1882;
(4) "Government" means the State Government;
(5) "owner" in relation to a forest, includes a mortgagee, lessee or other person having right to possession and enjoyment of the forest;
(6) "person" includes a Hindu undivided family, a Marumakkattayam tarwad or tavazhi and an Aliyasantana family or branch;
(7) "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 disposal of Government as defined in that Act.
3. Taking over of management of private forests. - (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 Gazette. Such notice shall state 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 be served on the owner or any other person in possession of the private forest.
(2) After the 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.