The main legal point established in the judgment is that the rule prescribing a time limit for an application under S.8 is ultra vires and void as it goes beyond the powers delegated by the Act, and it takes away the right of the owner to the land itself.

P.C. Balakrishna Menon, J.

1. The applicants in O. S. No. 45 of 1979 on the file of the Forest Tribunal, Kozhikode are the appellants. The application before the Forest Tribunal was one under S.8 of the Kerala Private Forests Vesting and Assignment Act 1971, hereinafter referred to as the Act, for a declaration that the 25 acres of land in R. S.15/A of Modancherry Village, Kozhikode Taluk, described in the 'C' schedule to the application do not vest in the Government under S.3, of the Act, for the reason that the land aforesaid is entitled to exemption under Clauses (2) and (4) of S.3. The application was rejected by the Forest Tribunal on 24-3-1980 in consequence of an earlier order dated 13-3-1980 dismissing I. A. No. 222 of 1979 filed by the applicants to condone the delay in filing the application under S.8 of the Act. The application was held to be barred by limitation under the amended R.3 of the Kerala Private Forests (Tribunal) Rules, 1972 which requires an application under S.8 to be filed within 60 days from the date on which the act which gives rise to the dispute was done. The petitioners challenge the vires of this Rule in so far as it prescribes a period of limitation for an application under S.8 of the Act.

2. The relevant provisions of the Act are the following:

"S. 7. Constitution of Tribunals.- (1) The Government may, by notification in the Gazette constitute one, or more than one Tribunal for the purposes of this Act.

(2) The Tribunal shall consist of a single person who is, or has been or is qualified to be appointed as, a District Judge.

(3) Where more than one Tribunal is constituted under sub-s.(1), the Government shall also define the areas within which each Tribunal shall exercise jurisdiction.

(4) The Tribunal shall decide all matters within its competence and may review any of its decisions in the event of there being a mistake on the face of the record or correct any arithmetical or clerical error therein.

(4A). Subject to the provisions of sub-s.(4) and S.8A, the decision of the Tribunal on any matter within its jurisdiction shall be final and conclusive.

(5) The Tribunal shall follow such procedure as may be prescribed. 8. Settlement of disputes.- (1) Where any dispute arises as to whether-

(a) any land is a private forest or not; or

(b) any private forest or portion thereof has vested 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 in the Government, may apply to the Tribunal for decision of the dispute.

(2) any application under sub-s.(1) shall be in such form as may be prescribed.

(3) If the Tribunal decides that any land is not a private forest or that a private forest or portion thereof has not vested in the Government and -

(a) no appeal has been preferred against the decision of the Tribunal within the period specified therefor;

(b) such appeal having been preferred has been dismissed by the High Court, the custodian shall, as soon as may be after the expiry of the period referred to in clause [a], or, as the case may be, after the date of the order of the High Court dismissing the appeal, restore possession of such land or private forest or portion, as the case may be to the person in possession thereof immediately before the appointed day."

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17. Power to make Rules.- [1] the Government may, by notification in the Gazette, make rules to carry out the purposes of this Act.

[2] In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

[a] all matters expressly required or allowed by this Act to be prescribed.

[b] any other matter which has to be or may be, prescribed.

[3] Every rule made under this section shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and, if before t