Bare ActsKerala Preservation of Private Forests Act, 1972

Section 2

Definitions

Amendment status not verified — confirm the current text below against the official source.

In this Act, unless the context otherwise requires,- (a) "forest offence" means an offence punishable under this Act; [(aa) "forest tree" means a tree of any species other than the following, namely:- Erithrina Indica and Erithrina Lythosperma (Murukku), Rubber (Havea Braziliensis), Jack (Artocarpus Integrifolia), Cashew (Anacardium Occidentale), Tamarind, Mango and Macaranga Peltata;] (b) "owner" in relation to a private forest, includes a mortgagee, lessee or other person having right to possession and enjoyment of the private forest; (c) "person" 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); (d) "prescribed" means prescribed by rules made under this Act; (e) "private forest" means,- (1) in relation to the Malabar district referred to in sub-section (2) of Section 5 of the State Re-organisation Act, 1956 (Central Act 37 of 1956), - (i) any land to which the Madras Preservation of Private Forests Act, 1949 (Madras Act XXVII of 1949), applied immediately before the 10th day of May, 1971, excluding- (A) lands which are gardens or nilams as defined in the Kerala Land Reforms Act, 1963 (1 of 1964); (B) lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market. Explanation.- Lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the cultivation of such crops; (C) lands which are principally cultivated with cashew or other fruit-bearing trees or are principally cultivated with any other agricultural crop; and (D) sites of buildings and lands appurtenant to, and necessary for the convenient enjoyment or use of, such buildings; (ii) any forest not owned by the Government, to which the Madras Preservation 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 Government, including waste lands which are enclaves within wooded areas. Explanation.- For the purposes of this clause, a land shall be deemed to be a waste land notwithstanding the existence thereon of scattered trees or shrubs. (f) the expressions 'Forest Officer', 'tree', 'timber', 'forest produce', 'cattle' and 'Magistrate' shall have the meanings respectively assigned to them in Section 2 of the Kerala Forest Act, 1961 (4 of 1962). Inserted by Act 10 of 1973, published in K.G.Ext. No. 339 dt. 18/04/1973 (w.e.f. 10/02/1973).

Section 2 – Kerala Preservation of Private Forests Act, 1972 | DailyLaw.ai