KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) ACT, 1971

Act No. 26 of 1971

23-8-1971

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 and agricultural laborers for cultivation 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 production in the State; And whereas Government also consider that to give 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:-

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S.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.

S.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 lessee 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 tarward or tavazhi, an Aliyasanthana family or breach and a family governed by the Kerala Nambudiri Act, 1958 (27 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 su
    

S.3 Private forests vest in Government

(1) Notwithstanding anything contained in any other law for the time being in force, or in any contract or other document but subject to the provisions of sub-sections (2) and (3), with effect on and from the appointed day, the ownership and possession of all private forests in the State of Kerala shall by virtue of this Act, 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 in any private forest shall stand extinguished.

(2) Nothing contained in sub-section (1) shall apply in respect of so much extend of land comprised in private forests held by an owner under his personal cultivation as is within the ceiling limit applicable to him under the Kerala Land Reforms Act, 1963 (1 of 1964) or any building or structure standing thereon or appurtenant thereto.

Explanation:- For the purposes of this sub-section, 'cultivation' includes cultivation of trees or plants of any species.

S.4 Private Forest to be deemed to be reserved forests

All private forests vested in the Government under sub-section (1) of Section 3 shall so long as they remain vested in the Government, 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 private forests.

S.5 Eviction of persons in unauthorized occupation

(1) The custodian or any officer not below the rank of Divisional Forest Officer authorized by the custodian in that behalf may summarily evict any person in authorized occupation of any private forest vested in the Government under sub-section (1) of Section 3.

(2) Notwithstanding anything contained in any other law for the time being in force, the custodian or the officer authorized under sub-section (1) may for the purposes of that sub-section use such force as he deems necessary.

S.6 Demarcation of boundaries

(1) As soon as may be after the appointed day, the custodian shall cause the boundaries of the private forests vested in the Government under sub-section (1) of Section 3 to be demarcated.

(2) Notwithstanding the pendency of an application under Section 8 before the Tribunal, the custodian may, if he is satisfied that any land is a private forest vested in the Government under sub-section (1) of Section 3 cause the boundaries thereof to be demarcated as if such land has vested in the Government under that sub-section.

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-section (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 there in

1[x x x x x x].

2[(4A) Subject to the provisions of sub-section (4) and Section 8-A, 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.

S.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,1(within such period as may be prescribed apply to the Tribunal] for decision of the dispute.

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

2[(3) If the Tribunal decides that any land is not a private forest or that a Private Forest or that 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 thereof; or
• (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, a
  

S.8A Appeal to the High Court

1[(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 expiration of the period of sixty days aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said 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 one 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-

• (a) confirm or cancel the decision of the Tribunal appealed against; or
• (b) set aside such decision and remand the case to the Tribunal for decision after such further inquiry as may be directed; or

S.8B Power of Custodian to apply for review of decisions of Tribunal

1[(1) Notwithstanding anything contained in this Act or in the Limitation Act. 1963 (Central Act 36 of 1963), or in any other law for the time being in force, or in any judgment, decree or order of any court or other authority, the Custodian may, if he is satisfied that any decision of the Tribunal under Section 8 requires to be reviewed on the ground that such decision has been made on the basis of concessions made before the Tribunal without the authority in writing of the Custodian or the Government or due to the failure to produce relevant data or other particulars before the Tribunal or that an appeal against such decision could not be filed by reason of the delay in applying for and obtaining a certified copy of such decision, make an application to be Tribunal during the period beginning with the commencement of the Kerala Private Forests (Vesting and Assignment) Amendment Act, 1986 and ending on the 31st day of March, 1987 for review of such decision.

(2) An applicat

S.8C Power of Government to file appeal or application for review in certain cases

(1) Notwithstanding anything contained in this Act, or in the Limitation Act, 1963 (Central Act 36 of 1963), or in any other law for the time being in force or in any judgment, decree or order of any court or other authority, the Government, if they are satisfied that any decision of the Tribunal under Section 8 has been made on the basis of concessions made before the Tribunal without the authority in writing of the Custodian or the Government or due to the failure to produce relevant date or other particulars before the Tribunal or that an appeal against such decision could not be filed by reason of the delay in applying for and obtaining a certified copy of such decision, may, during the period beginning with the commencement of the Kerala Private Forests (Vesting and Assignment) Amendment Act, 1986, and ending on the 31st day of March, 1987, appeal against such decision to the High Court.

(2) Notwithstanding anything contained in this Act, or in the Limitation Act, 1963

S.8D Decisions and orders liable to be reviewed or appealed against to be stayed

Notwithstanding anything contained in any law for the time being in force, or in any judgment, decree or order of any court or other authority,

• (a) any decision of the Tribunal referred to in sub-section (1) of Section 8-B or in sub-section (1) of Section 8-C;
• (b) any order of the High Court referred to in sub-section (2) of Section 8-C;
• (c) any judgment or order of the High Court referred to in sub-section (3) of Section 8-C; and
• (d) any proceedings in pursuance of any such judgment, decision or order, shall stand stayed for a period of six months from the commencement of the Kerala Private Forests (Vesting and Assignment) Amendment Act, 1986, (hereinafter in this section referred to as the said Act) and for the period beginning with the date of publication of the said Act in the Gazette and ending on the 31st day of March, 1987 or, if an application for review of such judgment, decision or order is made under sub-section (1) of Section 8-B
  

S.9 No compensation to be payable for vesting etc

No compensation shall be payable for the vesting in the Government of any private forest or for the extinguishment of the right, title and interest of the owner or any other person in any private forest under sub-section (1) of Section 3.

S.10 Assignment of private forests

(1) The Government shall after reserving such extent of the private forests vested in the Government under sub-section (1) of Section 3 or of the lands comprised in such private forests as may be necessary for purposes directed towards the promotion of agriculture or the welfare of the agricultural population or for purposes ancillary thereto, assign on registry or lease to-

• (a) agriculturists;
• (b) agricultural laborers;
• (c) members of Scheduled Castes and Scheduled Tribes who are willing to take up agriculture as means of their livelihood;
• (d) unemployed young persons belonging to families of agriculturists and agricultural laborers, who have no sufficient means of livelihood and who are willing to take up agriculture as means of their livelihood;
• (e) laborers belonging to families of agriculturists and agricultural laborers, whose principal means of livelihood before the appointed day was the income they obtained as wages for work
  

S.11 Assignment to be made within two years

Assignment of the Private Forests or the lands comprised, therein under Section 10 shall, as far as may be, completed within two years from the date of application of this Act in the Gazette.

S.12 Power of Tribunal and custodian

The Tribunal and the custodian 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 commissions 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 of any public record or copy thereof from any court or office; and
• (g) any other matter which may be prescribed.

S.13 Bar of jurisdiction of civil court

1[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.

S.14 Indemnity

No suit, prosecution or legal proceedings shall be 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 there under.

S.15 Constitution of agriculturists Welfare Fund

(1) A fund called the Agriculturists Welfare Fund shall be constituted by the Government to be utilized for the Settlement and welfare of persons to whom private forests or lands comprised in private forests have been assigned under Section 10 and shall be administered in such manner as may be prescribed.

(2) The Fund referred to in sub-section (1) shall consist of grants or loans by or from the Government and monies received by the Government by the sale of trees, standing in such portion of the private forests as are or may be assigned under Section 10.

S.16 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order to anything not inconsistent with such provisions which appears to them necessary for the purpose of removing the difficulty.

S.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 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 hereafter have effect only in such modified form or be of no effect, as the case may b

S.18 Repeal

(1) The Madras Preservation of Private Forests Act, 1949 (Madras Act XXVII of 1949), as in force in the Malabar district referred to in sub-section (2) of Section 5 of the State Reorganization Act, 1956 (Central Act 37 of 1956), the Kerala Private Forest (Assumption of Management) Act, 1957 (13 of 1958) and the Kerala Private Forests (Vesting and Assignment) Ordinance, 1971 (14 of 1971), are hereby repealed.

(2) Notwithstanding the repeal of the Kerala Private Forests (Vesting and Assignment) Ordinance, 1971 (14 of 1971), by sub-section (1), anything done or any action taken under that Ordinance shall be deemed to have been done or taken under this Act.