The Kerala Preservation of Private Forests Act, 1972

Act may be called the Kerala Contingency Fund (Amendment) Act, 1972.

1. (2) It shall be deemed to have come into force on the 28th day•of August, 1972.

In sub-section (1) of section 2 of the Kerala Contmgency Fund Act, (6 of 1957) (heremafter referred to .as the principal Act), for the words "one hundred and fifty lakhs of rupees", the words "three hundred lakhs of rupees" shall be substituted.

(6 of 1957) (heremafter referred to .as the principal Act), for the words "one hundred and fifty lakhs of rupees", the words "three hundred lakhs of rupees" shall be substituted.

(1) The Kerala Con- tingency Fund (Amendment) Ordinance, 1972 (8 of 1972), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the prmcipal Act as amended by this Act. THE KERALA PRESERVATION OF PRIVATE FORESTS ACT, 1972 Preamble. Sectiot!ls (Act 16 of 1972) 1. Short title, extent, commencement and duration.-(1) Th1s Act may be called the Kerala Preservation of Pnvate Forests Act, 1972. (2) It extends to the whole of the State oi Kerala. (3) It shall come mto force at once and shall cease to have effect on the 31st day of December, 1973. I ~ (4) Upon the expiry of th1s Act, the pro' 1sions .L) of sedwn 4 of the Interpretation and General Clauses Act, 1125 (VII of 1125), shall apply as lf this Act had then been repealed by an Act of the Kerala State Legislature. 2. Definitions.-In this Act, unless the context otherwise requires,- (a) "forest offence" means an offence punish- able under this Act ; (b) ~~owner", in relation to a prh·ate forest, mcludes a mortgagee, lessee or other person having right to possession and enjoyment of the prh ate forest ; (c) nperson" includes a company, a religious or charitable institution of a public nature, a trust, a Hindu undivided family, a Marumakkathayam tarwad or tavazhi, an Aliyasanthana family or branch and a family governed by the Kerala Nambudiri Act, 1958 (27 of 1958); i I '~ I ' / (d) "prescribed" means prescribed by rules made under this Act ; (e) "private forest" means,- (1) in relation to the Malabar d1stnct referred to in sub-section (2) of sectwh 5 of the States Hcorganisalion Act, 1956 (Central Act 37 of 1956),- (1) any land to which the Madras Presen·a- tion of Prhate Forests Act, 1949 (Madras Act XXVII of 1949), applled immediately before the lOth day of May, 1971, excluding- (A} lands which are gardens or nilams as defined m the Kerala Land Reforms Act, 1963 (1 of 1964); (B) lands which are used principally for the cultlvatwn of tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for any ·purpose ancillary to the cultiva- tion of such crops or for the preparation of the same for the market. Explanation.-Lands used for the construction of office buildings, godowns, factones, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the rultivatwn of such crops ; (C) lands which are principally cultiva- ted with cashew or other fruit- bearing trees or are principally cultivated with any other agricul- tural crop ; and tD) sites of buildings and lands appur- tenant to, and necessary for the convenient enjoyment or use of, such buildings ; (ii) any forest not owned by the Govern- ment, to which the Madras Preserva- tion of Private Forests Act, 1949 • (Madras Act XXVII of 1949), did not apply, including waste lands which are enclaves within wooded areas; (2) in relation to the remaining areas in the State of Kerala, any forest not owned by the Govern- ment, including waste lands which are enclaves within wooded areas. Explanabon.-For the purooses of this clause, a land shall be deemed to be a waste land notwithstand- ing the existence thereon of ~cattered trees or shrubs; (f) the expresswns 'Forest Officer', 'tree', 'timber', 'forest produce', 'cattle' and 'Magistrate' shall ha' e the meanmgs respectiYely ass1gned to them 111 sectwn 2 of the Kerala Forest Act, 1961 (4 of 1962). 3. Presen•ation of private forests.-( 1) No owner of any private forest shall, without the prevwus sanction of the District Collector, sell, mortgage, lease or otherwise alienate the whole or any portion of the private forest. Explanation.-Nothing in this sub-section shall be construed as preventing the owner from selling or otherwise dealing with the right 1o gather and remove forest produce other than trees, timber, reeds, charcoal, wild ammals and skms, tusks, horns, bones, and other parts or produce of such animals, in the usual or customary manner, for a penod not exceeding two years. (2) Any alienation in contra"ention of sub- section (1) shall be null and void. -1--r ' (3) No owner of any private forest and no person claiming under him, whether by virtue of a contrF~ct, licence or any other transaction entered into before or after the commencement of this Act or any other person shall, without the previou~ perm1ssion of the District Collector~ cut trees from, or cu1th·ate, the pri\·ate forest or do any act likely to denude the private forest or alter the nature of the forest or diminish its utility as a forest. (4) Notwithstanding anythmg contamed 111 sub-section (1) or sub-sectiOn (3), the GO\ ernrnent may exempt any private forest or class of private l orests or class of trees therein from all or any of the provisions of this section. •

1. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the prmcipal Act as amended by this Act. THE KERALA PRESERVATION OF PRIVATE FORESTS ACT, 1972 Preamble. Sectiot!ls (Act 16 of 1972) 1. Short title, extent, commencement and duration.-(1) Th1s Act may be called the Kerala Preservation of Pnvate Forests Act, 1972.
2. (2) It extends to the whole of the State oi Kerala.
3. (3) It shall come mto force at once and shall cease to have effect on the 31st day of December, 1973. I ~
4. (4) Upon the expiry of th1s Act, the pro' 1sions .L) of sedwn 4 of the Interpretation and General Clauses Act, 1125 (VII of 1125), shall apply as lf this Act had then been repealed by an Act of the Kerala State Legislature. 2. Definitions.-In this Act, unless the context otherwise requires,-
   • (a) "forest offence" means an offence punish- able under this Act ; (b) ~~owner", in relation to a prh·ate forest, mcludes a mortgagee, lessee or other person having right to possession and enjoyment of the prh ate forest ;
   • (c) nperson" includes a company, a religious or charitable institution of a public nature, a trust, a Hindu undivided family, a Marumakkathayam tarwad or tavazhi, an Aliyasanthana family or branch and a family governed by the Kerala Nambudiri Act, 1958 (27 of 1958); i I '~ I ' /
   • (d) "prescribed" means prescribed by rules made under this Act ; (e) "private forest" means,-
5. (1) in relation to the Malabar d1stnct

referred to in sub-section (2) of sectwh 5 of the States

Hcorganisalion Act, 1956 (Central Act 37 of 1956),-

1. (1) any land to which the Madras Presen·a- tion of Prhate Forests Act, 1949 (Madras Act XXVII of 1949), applled immediately before the lOth day of May, 1971, excluding- (A} lands which are gardens or nilams as defined m the Kerala Land Reforms Act, 1963 (1 of 1964);
   • (B) lands which are used principally for the cultlvatwn of tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for any ·purpose ancillary to the cultiva- tion of such crops or for the preparation of the same for the market. Explanation.-Lands used for the construction of office buildings, godowns, factones, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the rultivatwn of such crops ;
   • (C) lands which are principally cultiva- ted with cashew or other fruit- bearing trees or are principally cultivated with any other agricul- tural crop ; and tD) sites of buildings and lands appur- tenant to, and necessary for the convenient enjoyment or use of, such buildings ;
     • (ii) any forest not owned by the Govern- ment, to which the Madras Preserva- tion of Private Forests Act, 1949 • (Madras Act XXVII of 1949), did not apply, including waste lands which are enclaves within wooded areas;
2. (2) in relation to the remaining areas in the State of Kerala, any forest not owned by the Govern- ment, including waste lands which are enclaves within wooded areas. Explanabon.-For the purooses of this clause, a land shall be deemed to be a waste land notwithstand- ing the existence thereon of ~cattered trees or shrubs;
   • (f) the expresswns 'Forest Officer', 'tree', 'timber', 'forest produce', 'cattle' and 'Magistrate' shall ha' e the meanmgs respectiYely ass1gned to them

111 sectwn 2 of the Kerala Forest Act, 1961 (4 of 1962).

3. Presen•ation of private forests.-( 1) No owner of any private forest shall, without the prevwus sanction of the District Collector, sell, mortgage, lease or otherwise alienate the whole or any portion of the private forest. Explanation.-Nothing in this sub-section shall be construed as preventing the owner from selling or otherwise dealing with the right 1o gather and remove forest produce other than trees, timber, reeds, charcoal, wild ammals and skms, tusks, horns, bones, and other parts or produce of such animals, in the usual or customary manner, for a penod not exceeding two years.

1. (2) Any alienation in contra"ention of sub- section (1) shall be null and void. -1--r '
2. (3) No owner of any private forest and no person claiming under him, whether by virtue of a contrF~ct, licence or any other transaction entered into before or after the commencement of this Act or any other person shall, without the previou~ perm1ssion of the District Collector~ cut trees from, or cu1th·ate, the pri\·ate forest or do any act likely to denude the private forest or alter the nature of the forest or diminish its utility as a forest.
3. (4) Notwithstanding anythmg contamed 111 sub-section (1) or sub-sectiOn (3), the GO\ ernrnent may exempt any private forest or class of private l orests or class of trees therein from all or any of the provisions of this section. •

Any person aggrieved by an order under sub-section (1) of section 3 or under sub-sectiOn \3) of that sectiOn in regard to the sanction or permission referred t6 m that sub-sectiOn may, within two months of the receipt of that order, prefer C\n ::tppeal in writing to the GO\·er nrnent, and the Go' ern- ment shall pass such orders on the appeal as they may think fit.

If, in the opinion oJ lhc Government, it is necessary fl1r the 1:>reservation of a private forest or private forests, they may, by notification in the Gazette,- {a) prohibit or regulate the doing of any act likely to be detrimental to the preservation of such private forest or private forests ; (b) regulate the exercise of customary or prescripth e rights in such private forest or private forests.

1962.-The provisions of Chapter VIII of the Kerala •

Forest Act, 1!l61 (4 of 1962), shall apply to offences punishable under this Act, subject to the following modifications, namely:-

1. (a) m section 52, the proviso to sub-section (2) --<>· shall be omitted~
2. (b) in section 54, after the words "the Magistrate shall", the words and figures "subject to the proYJsions of sectwn 10 of the Kerala Preservation of Pnvate Forests Act, 1972" shall be inserted;
3. (c) in section 56, the words "shall, if it is the property of the Central or State Government or has been confiscated, b,e taken possession of by or under the authority of the Divisional Forest Officer; and in any other case it" shall be omitted ; (d) in section 57, for the words "the Divisional ~ Forest Officer" the words "the District Collector" shall be substituted ;
4. (e) in section 61, for the words "a Forest Officer not below the rank of an Assistant Conservator of Forests holding charge of a Forest Division", the words ''the District Collector" shall be substituted ;
5. (f) in section 62,-
   • (i) clause (a) shall be omtited ;
   • (ii) m clause (c), the word "or" occurring at 1he end shall be omitted; and
   • (iii) clause (d) shall be omitted ; (g) section 69 shall be omitted. I J':-1

Whoevcr contraYencs the proYi- sions of sub-section (1) or sub-section (3) of section or anv of the lerms and conditions subject to which a permission has been granted under sub-section (3) of section 3 or any of the terms of a notification under I ' I I I l ' J ss section 5 shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both.

of section 3 or any of the terms of a notification under

I ' I I I l

' J ss

section 5 shall be punishable with imprisonment for

a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both.

(!) Where an offence under this Act has been committed by a company, every person who, at the time the offence was com- mitted, was in charge of, and was responsible to, the company for the conduct of its business, shall be deemed to be guilty of the offence and shail be liable to be proceeded against and pumshed accordingly : Provided that nothing contained in this sub- section shall render any person liable to pumshment, if he proves that the offence was committed without his knowledge, or that he had exercised all due rhligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub- sectwn (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or conniYance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section,- (a) "company" means any body includes a firm, society or other indi"iduals ; and (b) "director",- corporate and association of (i) in relation to a firm, means a partner m the firm, (ii) in relation to a society or other associa- tion of individuals, means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be . • ..

section shall render any person liable to pumshment,

if he proves that the offence was committed without his knowledge, or that he had exercised all due rhligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub- sectwn (1), where any offence under this Act has been committed

by a company and it is proved that

the offence has been committed with the consent or conniYance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager,

secretary or other officer shall be deemed to be guilty

of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section,-

1. (a) "company" means any body includes a firm, society or other indi"iduals ; and
2. (b) "director",- corporate and association of
   • (i) in relation to a firm, means a partner m the firm,
   • (ii) in relation to a society or other associa- tion of individuals, means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be . • ..

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), it shall be lawful for any Magistrate of the First Class 5pecially empowered by the Government in this behalf, to impose a sentence of fine exceeding two thousand rupees.

No prosecution shall be instituted against any person without the sanction of the District Collector.

No order of the Government or the District Collector under this Act and no notification issued by the Government under section 5 shall be liable to be questioned in any court of law.

legal proceeding shall lie against the Government or any officer of the Gm·ernment for anything which is in good faith done or purported to haYe been done under this Act or any rule made thereunder.

Notwithstanding anything contained in any law for the time being in force, or in any contract or other document, or in any judgment, decree or order of any court, any sale, mortgage, lease or other alienation of a prh·ate forest or any portion of a private forest after the lOth day of May, 1971 and before the commencement of this Act shall be null and void. I I \ l I

(1) The Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act. (2) Without prejud1ce to the generality of the foregoing power, such rules may pro\'fide 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 permissions may be granted ; (c) the procedure to be followed by the D1strict Collector before granting permissions ; (d) the levy and collection of fees on every application for permission under sub-sectiou (3) of section 3; (e) any other matter which has to be, or may be, prescribed under this Act ; (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 sesswns and if before lhe expiry of the session in which it is so la1d or the &ession immediately following, the Legislative Assembly makes any modificatwn 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 how- ever that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. (2) Without prejud1ce to the generality of the foregoing power, such rules may pro\'fide 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 permissions may be granted ;
   • (c) the procedure to be followed by the D1strict Collector before granting permissions ; (d) the levy and collection of fees on every application for permission under sub-sectiou (3) of section 3;
   • (e) any other matter which has to be, or may be, prescribed under this Act ;
2. (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 sesswns and if before lhe expiry of the session in which it is so la1d or the &ession immediately following, the Legislative Assembly makes any modificatwn 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 how-

ever that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

If any difficulty arises in giving effect to the prov1s10ns of tlus Act, the Government may, as occasion. may require, by order do anything not inconsistent with such provisions which appears to them necessary for the purpose of removing the difficulty.

require, by order do anything not inconsistent with such provisions which appears to them necessary for the purpose of removing the difficulty.

Preservation of•Private Forests Ordinance, 1972 (7 of 1 972), is hereby repealed. ·

1. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act as if this Act had come into force on the 29Lh day of June, 1972.
2. (3) Notwithstanding the proYisions of sub-

section (4) of section 1 of the Madras Preservation of

Pri Yate Forests Act, 1949, the provisions of section 8 o1 the Madras General Clauses Act, 1891, ~hall not apply or shall not be deemed ever to have applied on the expiry of the first-mentioned Act: Provided that any prosecution for the contraven- tion of any of the provisions of the Madras Preservation of Private Forests Act. 1949, pending on the date of e.x:piry of that Act may be continued and disposed of as if that Act had not expired. THE KERALA LAND REFORMS (AMENDMENT) ACT, 1972 Preamble. Sections (Act 17 of 1972) CONTENTS 1. Short title and commencement. 2. Amendment of section 2. 3. Insertion of new section 72BB 4. Amendment of section 72C. ' ~ ~~ ~ ., Jl I I ~ J I I I ; } ,,