KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003
(1) This Act may be called the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003
(2) It shall be deemed to have come into force on the 2 nd day of June 2000.
In this Act, unless the context otherwise requires,-
(a) “custodian” means the Principal Chief Conservator of Forests of the State or any other officer not below the rank of a Conservator of Forests appointed by the Government, by notification in the Gazette, to exercise the powers and perform the functions of the custodian under this Act;
(b) “ecologically fragile lands” means,-
(i) any forest land or any portion thereof held by any person and lying contiguous to or encircled by a reserved forest or a vested forest or any other forest land owned by the Government and predominantly supporting natural vegetation, and
(ii) any land declared to be an ecologically fragile land by the Government by notification in the
(1) Notwithstanding anything contained in any other law for the time being in force, or in any judgement, decree or order of any court or tribunal or in any custom, contract or other documents, with effect from the date of commencement of this Act, the ownership and possession of all ecologically fragile lands held by any person or any other form of right over them, shall stand transferred to and vested in the Government free from all encumbrances and the right, title and interest of the owner or any other person thereon shall stand extinguished form the said date.
(2) The lands vested in the Government under sub-section (1) shall be notified in the Gazette and the owner shall be informed in writing by the custodian and the notification shall be placed before the Advisory committee constituted under section 15 for perusal.
(1) The Government shall have power to declare, by notification in the Gazette, any land to be ecologically fragile land on the recommendation of the Advisory Committee appointed for the purpose under section 15 of this Act.
(2) No declaration under sub-section (1) shall be made without giving the owner a notice of thirty days for being heard.
(3) No person shall change the legal or physical status or ownership of the land proposed to be declared as an ecologically fragile land after the notice issued under sub-section (2).
(4) With effect from the date of declaration of any land as ecologically fragile land under sub-section (1), the ownership and possession of the land or any other form of right over it, shall subject to the provisions of this Act, stand transferred to and vested in the Government free form all
Subject to the provisions of section 16, all ecologically, fragile lands vested in Government under section 3 and section 4 shall be deemed to be reserved forests constituted under the Kerala Forest Act, 1961 (4 of 1962), and the provisions of that Act shall, so far as may be, apply to such lands.
(1) Within such time as may be prescribed, after the coming into force of this Act or the notification under sub-section (1) of section 4, as the case may be the custodian shall cause to demarcate the boundaries of ecologically fragile lands vested in the Government under section 3 or section 4.
(2) Notwithstanding the pendency of an application under section 10 before the Tribunal, the custodian may, if he is satisfied that any land is vested in the Government under section 3 or section 4, demarcate or cause to demarcate the boundaries thereof.
(1) The custodian or an officer not below the rank of Divisional Forest Officer authorised by him in this behalf may evict any person in occupation of any ecologically fragile land vested in the Government under section 3 or section 4 after giving such person thirty days notice thereof.
(2) Notwithstanding anything contained in any other law for the time being in force, the custodian or the officer authorised by him in this behalf may take such steps as may be necessary to evict any person who refuses to vacate the land in accordance with the notice issued under sub-section (1).
(1) In respect of the land vested under sub-section (4) of section 4, the owner thereof shall be eligible for compensation of the said land including the permanent improvements thereon.
(2) No compensation shall be payable for the vesting in the Government of any ecologically fragile land or for the extinguishment of the right, title and interest of the owner or any person thereon under sub-section (1) of section 3.
(3) The compensation payable under sub-section (1) and the mode of payment shall be determined in such manner as may be prescribed.
(1) The Government may, by notification in the Gazette, constitute one or more Tribunal for the purpose of this Act.
(2) The Tribunal shall be a Judicial Officer not below the rank of a District Judge.
(3) Where more than one Tribunal is constituted under sub-section (1), the Government shall define the areas within which each Tribunal shall exercise jurisdiction.
(4) The Tribunal shall decide all matter within its competence and may review any of its decisions in the event of there being an error on the face of the record or correct any arithmetical or clerical error therein.
(5) The Tribunal shall in exercising its powers, follow such procedure as may be prescribed.
(1) Where any dispute arises as to whether,-
(a)any land is an ecologically fragile land or not; or
(b)any ecologically fragile land or portion thereof has vested in the Government or not; or
(c)the compensation determined under section 8 is insufficient or not, the person who claims that the land is not an ecologically fragile and or that the ecologically fragile land has not vested in the Government, or that the compensation is not sufficient, may, within five years from the date of commencement of this Act or within six months from the date of the notification under sub-section (1) of section 4 declaring the land to be an ecologically fragile land or the date of communication of compensation under section 8, as the case may be, or within such time as the Governmen
(1) The Government or any person objecting to any decision of the Tribunal may, within a period of sixty days from the date of that decision, appeal against such decision to the High Court:
Provided that the High Court may admit an appeal preferred after the expiry of the period of sixty days if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the aforesaid period.
(2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of five hundred rupees.
(3) On receipt of an appeal under sub-section (1) the High court may, after giving the parties a reasonable opportunity of being heard, either in person or by a representative,-
&n
The Tribunal shall, for the purpose of exercising any power conferred by or under this Act, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-
(a)summoning and enforcing the attendance of any person and examining him on oath;
(b)requiring the discovery and production of any document;
(c)receiving evidence on affidavit;
(d)issuing commission for the examination of witnesses or for local investigation;
(e)inspecting any property or thing concerning which any decision has to be taken;
(f)requisitioning
Except as otherwise provided in this Act 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, required to be decided or dealt with or to be determined by the Tribunal, the custodian or any other officer.
No suit, prosecution or legal proceedings shall lie against the Government or the Tribunal or the custodian or any other officer for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.
(1) The Government may, by notification in the Gazette, constitute an Advisory Committee to identify lands which are ecologically fragile and recommended to Government the said lands for declaration as ecologically fragile lands.
(2) The Advisory Committee shall consist of the following members, namely:-
(i) The Principal Chief Conservator of Forests CChairman
(ii) Two Members of the Legislative Assembly
nominated by the Government Members
(iii) The Secretary, Forest Department or his
&nb
(1) All ecologically fragile lands vested in the Government shall be managed by the Forest Department in accordance with the provisions of the management plans approved by the Government from time to time.
(2) the management plans shall be prepared in accordance with the guidelines issued from time to time by the State Government and the Government of India for the preparation of Working Plans and Management Plans for the reserved forest areas and protected areas with a view to,-
(i) conserving natural resources;
(ii) arresting depletion and degradation of flora and fauna;
(iii) improving productivity and sustainability; and
(iv) maintaining ecological balance in
If any difficulty arises in giving effects to the provisions of this Act, the Government may, by order do anything not inconsistent with such provisions which appear to them necessary for the purpose of removing the difficulty:
Provided that no order shall be made under this section after the expiry of five years from the commencement of this Act.
(1) the Government may, by notification in the Official Gazette, make rules, either prospectively or retrospectively, to carry out the purposes of this Act.
(2) Every rule made under this Act, 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 the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(1) Notwithstanding the expiry of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Ordinance, 2001 (16 of 2001) (hereinafter referred to as the said Ordinance),-
(a) all ecologically fragile lands vested in the Government under the said Ordinance shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been vested under this Act;
(b) anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall, in so far it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under this Act;
(2) The expiry of the said Ordinance shall not,-
(a) affect any right, privilege, o
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
