TAMIL NADU PRESERVATION OF PRIVATE FORESTS ACT, 1949

Act No. 27 1949

An Act to prevent the indiscriminate destruction of private forests and interference with customary and prescriptive rights therein and for certain other purposes. Whereas it is necessary 1 [...] to prevent the indiscriminate destruction of private forests and interference with customary and prescriptive rights therein : It is hereby enacted as follows:-- 1. The words "pending further legislation" were omitted by section 3 of the Tamil Nadu Preservation of Private Forests (Continuance) Act, 1965 (Tamil Nadu Act 32 of 1965).

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S.1 Short title, application and commencement

1(1) This Act may be called the 2[Tamil Nadu] Preservation of Private Forests Act, 1949.

(2) It applies--

• [Clause (i) and the Explanation thereto were omitted by section 2(i) of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1957 (Tamil Nadu Act XV of 1957)]
• (ii) to forests situated in estates as defined in the 2[Tamil Nadu] Estate Land Act, 1908, in the 3[State of Tamil Nadu];
• 4(iii) to private forests situated in other areas in the 3[State of Tamil Nadu] and having a contiguous area exceeding 5[2 hectares] which may be declared by the District Collector to be forests for the purposes of this Act, by notification, in the District Gazette;

but does not apply to reserved forests constituted under the 2[Tamil Nadu] Forest Act, 1882 (2[Tamil Nadu] Act V of 1882), and lands at the disposal of the Government as defined in

S.2 Definition

In this Act unless there is anything repugnant in the subject or context,--

• 1(a) "Committee" means any Committee constituted under section 2-A and having jurisdiction;
• 1(aa) "forest" includes waste or communal land containing 2[trees, shrubs and reeds], pasture land and any other class of land declared by the 3[State] Government to be a forest by notification 4[...].

5Explanation.-- For the purposes of this clause, communal land means--

• (i) beds and bunds of tanks and of supply, drainage, surplus or irrigation channels;
• (ii) threshing-floor, cattle-stands, village-sites and other lands which are set apart for the common use of the villager);

• (b) "owner", in relation to a forest, includes a mortgagee, lessee or other person having right to possession and enjoyment of the forest;

Application for permit to cut trees from forest o

S.2A Constitution of committees

1(1) The State Government may, by notification with effect from such date as may be specified therein, constitute for each district a committee for the purpose of this Act, consisting of the following members, namely:--

• (a) the District Collector as Chairman of the committee;
• (b) the District Forest Officer having jurisdiction over the district;
• (c) the Tahsildar having jurisdiction over the area ;
• (d) the Executive Engineer of the Agriculture Department in charge of soil conservation;
• (e) the Personal Assistant (General) to the Collector of the district who shall be the Secretary of the Committee.

1. Sections 2-A, 2-B and 2-C were inserted by section 4 of the Tamil Nadu Preservation of Private Forests (Second Amendment) Act, 1979 (Tamil Nadu Act 68 of 1979).

S.2B Meetings of committees

(1) The Committee may meet as often as may be necessary and shall, subject to the provision of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be prescribed by the State Government under this Act, provided that not more than two months shall elapse between one meeting of the committee and another.

(2) The Chairman of the committee or in his absence any member nominated by him in that behalf shall preside at a meeting of the committee.

(3) All questions at a meeting of the committee shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman of the committee or in his absence the person presiding, shall have a second or casting vote.

S.2C Vacancy in committee, etc., not to invalidate acts or proceedings

1No act or proceeding of the committee shall be deemed to be invalid by reason only of the existence of any vacancy in the committee or any defect in the nomination of a member thereto or on the ground only that more than two months have elapsed between one meeting of the committee and another.

1. Sections 2-A, 2-B and 2-C were inserted by section 4 of the Tamil Nadu Preservation of Private Forests (Second Amendment) Act, 1979 (Tamil Nadu Act 68 of 1979).

S.3 Preservation of private forests

(1) (a) No owner of any forest shall, without the previous sanction of the 1[Committee] sell, mortgage, lease or otherwise alienate the whole or any portion of the forest.

Explanation.-- Nothing in this sub-section shall be construed as preventing the owner from selling or otherwise dealing with the right to gather and remove forest produce other than 2[trees, timber and reeds] in the usual or customary manner for a period not exceeding two years.

3(b) Any alienation in contravention of clause (c) shall be null and void--

• (i) if the alienation is of any forest declared by 4[the District Collector] to be a forest under clause (iii) of section 1(2) or of any portion of such a forest, and is made on or after the date on which the declaration takes effect;
• (ii) [Sub-clause (ii) was omitted by section 3 of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1957 (Tamil Nadu Act XV of 1957)].

S.4 Appeals

Any person aggrieved by an order under clause (a) of sub-section (1) of section 3 or under sub-section (2) of that section in regard to the sanction or permission referred to in that clause or sub-section may, within two months of the receipt of such order, prefer an appeal in writing to the 1[State] Government. The 1[State] Government shall pass such orders on the appeal as they may think fit.

1. Substituted for the word "Provincial" by the Adaptation of Laws Order 1950.

S.5 Section 5

[The words "the District Collector" occurring in the Explanation to sub-section (1) of section 5 were substituted for the words "the State Government" by section 4 of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1960 (Tamil Nadu Act 22 of 1960). Section 5 itself was omitted by section 5 of the Tamil Nadu Preservation Private Forests (Continuance) Act, 1965 (Tamil Nadu Act 32 of 1965).]

S.6 Power to prohibit or regulate certain acts

If, in the opinion of the 1[State] Government, it is necessary for the preservation of a forest or forests they may by notification 2[...],--

• (i) prohibit or regulate the doing of any act likely to be detrimental to the preservation of such forest or forests;
• (ii) regulate the exercise of customary prescriptive rights in such forest or forests.

1. Substituted for the word "Provincial" by the Adaptation of Laws Order 1950.

2. The words and letters "in the Forest St. George Gazette" were omitted by section 3 of the Tamil Nadu Preservation of Private Forests (Amend.) Act, 1979 (Tamil Nadu Act 36 of 1979).

S.6A Applicability of Chapter VII Tamil Nadu V of 1882

1The provisions of Chapter VII of the 2[Tamil Nadu] Forest Act, 1882 (2[Tamil Nadu] Act V of 1882), shall apply to offence punishable under this Act, subject to the following modifications namely:--

• (i) in section 41, the proviso shall be omitted :
• (ii) in section 42, after the words "the Magistrate shall", the expression "subject to the provisions of section 8 of the 4[Tamil Nadu] Preservation of Private Forest Act, 1949" shall be inserted;
• (iii) in section 44, the words "shall, if it is the property of the Central or State Government or has been confiscated, be taken possession of by or under the authority of the District Forest Officer; and in any other case" shall be omitted.
• (iv) in section 45 and 49, for the words "the District Forest Officer", the words "the 3[committee]" shall be substituted;
• (v) in section 50--
• (a) clause (a) shall be omitted;
• (b) in clause (
  

S.7 Penalties

1Whoever contravenes--

• (a) the provisions of sub-section (1) or sub-section (2) of section 3, or
• (b) any of the terms or conditions subject to which permission is granted under sub-section (2) of section 3, or
• (c) any of the terms of a notification under section 6,

shall be punishable with imprisonment which may extend to two years or with fine which may extend to five thousand rupees or with both.

1. Substituted for original section 7 by section 6 of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1979 (Tamil Nadu Act 36 of 1979).

S.8 Institution of prosecution

No prosecution shall be instituted against any person without the sanction of the 1[Committee].

1. Substituted for the words "District Collector" by section 5(a) of the Tamil Nadu Preservation of Private Forests (2nd Amendment) Act, 1979 (Tamil Nadu Act 68 of 1979).

S.9 Bar of suits

No order of the 2[State] Government or the 1[committee] under this Act and no notification issued by the 2[State] Government under section 6 shall be liable to be questioned in any Court of law.

1. Substituted for the words "District Collector" by section 5(a) of the Tamil Nadu Preservation of Private Forests (2nd Amendment) Act, 1979 (Tamil Nadu Act 68 of 1979).

2. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

S.10 Power to make rules

(1) The 1[State] Government may make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for--

• (a) the classes or kinds of trees which may be permitted to be cut and the girth of such trees;
• (b) the terms and conditions subject to which permission may be granted;
• 2(bb) the deposit of such sum, if any, as may be specified in the rules as security for the due performance of the terms and conditions subject to which permission is granted under sub-section (2) of section 3, the forfeiture of the sum so deposited or any part thereof for contravention of any such term or condition and the adjudication of such forfeiture by such authority as may be specified in the rules;
• (c) the procedure to be followed by the 3[committee] before granting permissions.

1. Substituted for the word "Provincial" by the Adaptation

S.11 Section 11

[This section was omitted by section 5 of the Tamil Nadu Preservation of Private Forests (Continuance) Act, 1965 (Tamil Nadu Act 32 of 1965)]

S.12 Section 12

[This section was omitted by section 8 of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1979 (Tamil Nadu Act 36 of 1979)].

S.12A Publication of rules, commencement of rules and notifications and placing them before the Legislature

1[2(1) (a) All rules made under this Act, 3[...] shall be published in the 4[Tamil Nadu Government Gazette] and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are published.

(b) All notification issued under this Act shall unless they are expressed to come into force on a particular day, come into force on the day on which they are published.

(2) 5[Every rule made or notification issued under this Act], shall as soon as possible after it is made 6[or issued] be placed on the Table of 7[the Legislative Assembly] and if before the expiry of the session in which it is so placed or the next session, 8[the Legislative Assembly agrees] in making any modification in any such rule or 1[notification] or 8[the Legislative Assembly agrees] that the rule or 9[notification] should not be made

S.13 Saving and validation

(1) Any rule or order made or purporting to have been made, any notification issued or purporting to have been issued, any decision or direction given or purporting to have been given, any action or proceeding taken or purporting to have been taken or anything done or purporting to have been done--

• (a) under any provision of the Madras Preservation of Private Forest Act, 1946 (Madras Act XVIII of 1946) (hereinafter in this section and in section 14 referred to as the said Act) and in force immediately before the 3rd December 1948, or
• (b) on or after the 3rd December 1948, under any provision of the said Act on the footing that the said Act was in force at the relevant time, or
• (c) under any provision of the Tamil Nadu Preservation of Private Forest Ordinance, 1949 (Madras Ordinance VIII of 1949) (hereinafter in this section referred to as the said Ordinance), shall, subject to any subsequent modification or cancellation thereof purporting to have been
  

S.14 Indemnity for acts, etc., done after expiry of Madras Act XVIII of 1946

(1) No suit, prosecution or other legal proceeding shall lie in any Court against any officer or servant of the 1[State] Government or any person acting under his direction or aiding or assisting him--

• (a) for, or on account of, or in respect of, any sentence passed, or any act ordered or done by him in exercise of any jurisdiction or power purporting to have been conferred on him by the said Act, or
• (b) for carrying out any sentence passed by any Court in exercise of any such jurisdiction or power as aforesaid.

(2) No suit or other legal proceeding shall lie against the 1[State] Government for or on account of, or in respect of, any act, matter or thing whatsoever purporting to have been done in pursuance of or under the said Act.

(3) Sub-sections (1) and (2) shall have effect although the said Act was not or might not have been in force by the relevant time.

1. Substituted for the word "Provincial" by the

S.15 Repeals

The Tamil Nadu Preservation of Private Forests Act, 1946 (Madras Act XVII of 1946) and the Madras Preservation of Private Forests Ordinance, 1949 (Madras Ordinance VIII of 1946) are hereby repealed.