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Kerala Private Forests (Vesting and Assignment) Rules, 1974

(Section 17) S.R.O. No. 1/75.- 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.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) "alienation" includes sale, gift, bequest under a will, mortgage, hypothecation and lease;

 (c) "assignee" means a person to whom any land is assigned under these rules;

 (d) "assignment" means transfer of land by way of registry or by way of lease;

 (e) "committee" means the committee constituted under Rule 4;

 (f) "compact block" means a block of land which has an extent of not less than ............ hectares, whether in one block or in adjacent blocks;

 1](ff)  "Family" means husband, wife and their unmarried minor children or such of them as exists.]

 (g) "Form" means a form appended to these rules;

 (h) "Land" means a private forest or a portion of a private forest or an

S.3 5[Demarcation of boundaries

(1) Demarcation of private forests in pursuance of Section 6 of the Act shall be effected by erecting by cairns along the boundaries.

 (2) A notification specifying the details of the private forest, the boundaries of which have been demarcated such as survey and sub-division number if available and local name and describing its boundaries shall immediately be published simultaneously in the Village Office, Panchayat Office, Office of the Forest Tribunal, Range Office, Office of the Divisional Forest Officer and the Office of the Custodian.

 (3) The fact that a notification has been published under sub-rule (2) shall be published in two or more newspapers having circulation in the locality.]


S.4 Purposes for which private forest may be reserved

Private forests vested in the Government under the Act may be reserved for any one or more of the following purposes, namely:-

 (a) Purposes connected with the Agricultural University;

 (b) Farm forestry;

 (c) Shelter belts;

 (d) Seed farms;

 (e) Agricultural farms and research farms intended for the promotion of agriculture or the welfare of the agricultural population or purposes ancillary thereto, owned by the Central Government or the Government of Kerala or a Government company as defined in Section 617 of the Companies Act;

 (f) animal husbandry and dairy development schemes owned by the Central or the State Government or a Government company formed for the purpose;

 (g) hydroelectric and irrigation projects;

 (h) soil and moisture conservation;

 (i) construction and maintenance of roads and other means of communications;

S.5 Constitution of committee

(1) The Government shall constitute a committee to advise them in respect of-
 (a) the suitability of lands for any of the purposes mentioned in Rule 3;

 (b) the extent of lands which are necessary for any of the said purpose;

 (c) subject to the provisions of Rules 7 and 8, the extent of land that may be assigned to individuals;

Explanation.- Different extents of lands may be recommended for different areas and for cultivation of different crops.

 (d) the crop-pattern suitable for the lands to be assigned;

 (e) such other matters as may be entrusted to it by the Government.

 (2) The committee referred to in sub-rule (1) shall consist of the following members, namely:-

 (i) the Special Officer for the implementation of the Act, who shall be the Chairman (Full-time);

 (ii) an Officer of the Forest Department not below the rank of Conservat

S.6 Procedure of committee

(1) The committee shall follow its own procedure and may inspect any private forest and submit its report or reports together with its recommendations to the Government from time to time.

 (2) The Government shall, after considering the report and recommendations of the committee under sub-rule (1) and after such further inquiry as they consider necessary, publish a notification in the Gazette specifying the survey number, if any, and such other particulars as may be necessary to identify the lands required for each of the purposes mentioned in Rule 3, and thereupon such lands shall be deemed to be reserved for the purposes specified in the notification.


S.7 Purposes for which lands may be assigned

Lands may be assigned either on registry or on lease, as may be determined by the Government in each case, to individuals for personal cultivation only or for personal cultivation and house sites:

Provided that where the lands form part of a compact block, in respect of which a common cropping pattern is deemed necessary by the Government, the assignment shall normally be on lease.


S.8 6[Extent of land to be assigned to individuals

The extent of land that may be assigned to an individual shall be two hectares.]


S.9 7[Extent of land to be assigned to various categories

8[(1)] Fifty per cent of the lands available for assignment shall be assigned to members of Scheduled Tribes who are willing to take up agriculture as means of their livelihood, preference being given to members of families of Scheduled Tribes residing in the private forests vested in the Government and willing to take up agriculture as means of their livelihood. The remaining extent of lands available for assignment shall be assigned to each of the other categories of persons mentioned in sub-section (1) of Section 10 in the following proportions:-

(a)

Members of Scheduled Castes who are willing to take up agriculture as means of their livelihood.

FORM No. 1

Notification

(See Rule 16)

Under Rule 16 of the Kerala Private Forests (Vesting and Assignment) Rules, 1974, it is hereby notified for the information of the public that the lands specified in the Schedule below are proposed to be assigned in accordance with the said rules and subject to the conditions of assignment specified in the said schedule to the following categories of persons, namely:—

(i) labourers belonging to families of agriculturists and agricultural labourers, whose principal means of livelihood before the appointed day was the income they obtained as wages for work in connection with or related to private forests and who are willing to take up agriculture as means of their livelihood;

(ii) members of Scheduled Castes and Scheduled Tribes who are willing to take up

S.1 Short title

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


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