(Section 17) S.R.O. No. 271/74.- In exercise of the powers conferred by Section 17 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (26 of 1971), the Government of Kerala hereby make the following rules, namely:-

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S.1 Short title

These rules may be called the Kerala Private Forests (Exemption from Vesting) Rules, 1974.

S.2 Definitions

In these rules unless the context otherwise requires,-

 (a) 'Act' means the Kerala Private Forests (Vesting and Assignment) Act, 1971 (26 of 1971);

 (b) 'Form' means a form appended to these rules;

 (c) 'land' means a private forest or a portion of a private forest or any land comprised in a private forest;

 (d) 'section' means a section of the Act.

S.3 Owner claiming exemption to apply

(1) Where any owner claims exemption in respect of any land held by him from the provisions of sub-section (1) of Section 3, on the ground that-

 (a) such land is under his personal cultivation and is within the ceiling limit applicable to him under the Kerala Land Reforms Act, 1963 (1 of 1964); or

 (b) such land is held under a valid document of title executed before the 10th day of May, 1971 and is intended for cultivation by him which together with other lands held by him to which Chapter III of the Kerala Land Reforms Act, 1963 is applicable does not exceed the extent of the ceiling area applicable to him under Section 82 of the said Act; he shall ¹[on or before the 25th August, 1974] apply to the Custodian in Form No.1 specifying the lands in respect of which he claims such exemption.

 (2) An application under sub-rule (1) shall be accompanied by such documents as may be necessary for the verification of the particular

S.4 Certificate from Tahsildar to accompany applications in certain cases

If an owner claims exemption under Rule 3 in respect of any land and he has no other land in the taluk in which the land in respect of which he claims exemption is situate, he shall, along with the application referred to in that rule also produce a certificate in Form No.2 from the Tahsildar of the taluk to the effect that he does not hold any other land in the taluk. 

S.5 Sworn statement or affidavit to be filed

Any owner who produces a certificate under Rule 4 shall, along with the certificate, file an affidavit in Form No.3 to the effect that he does not hold any land outside the taluk in which the land in respect of which exemption is claimed is situate.

S.6 Custodian to make declaration

The Custodian after verification of the particulars mentioned in the application furnished under Rule 3 and the documents produced along with the application and after such further inquiry as he deems necessary, if satisfied that the lands specified in the application are exempt from the provisions of sub-section (1) of Section 3, shall, by order, make a declaration in writing that the said lands have not vested in the Government under the said sub-section and communicate a copy of such declaration to the applicant.

S.7

	FORM No. 1 (See Rule 3) Application	COURT FEE STAMP OF Rs. 10/- (Rupes Ten only)
Name and address of the applicant : Have you furnished any statement to the Land Board under Section 85 (2) of the Kerala Land Reforms Act If the answer is in the affirmative have you attached a copy of the said statement Have you furnished any statement to the Land Board under Section 85A of the K.L.R. Act If the answer is in the affirmative have you attached a copy of the said statement

S.8

Taluk Office.......
Date.................

Certificate
This is to certify that Sri/Smt ................ does not hold any land in the Taluk of ............ except those specified in the schedule hereunder.
SCHEDULE

District

Taluk

Village

Sy. No.and Sub Dn. No.

Extent <

S.9

I, AB., do swear in the name of God/Solemnly affirm that I do not hold any land anywhere in the State except in the Taluk of ............ and that I do not hold any land in the said Taluk except the lands specified in the schedule hereunder.

SCHEDULE

District

Taluk

Village

Sy. No.and Sub Dn. No.