Repeal and sa,·ing

(1) The Kerala Con- tingency Fund (Amendment) Ordinance, 1972 (8 of 1972), is hereby repealed.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of sedwn 4 of the Interpretation and General Clauses Act, 1125 (VII of 1125), shall apply as lf this Act had then been repealed by an Act of the Kerala State Legislature. 2.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. •