Bare ActsKerala Private Forests (Vesting and Assignment) Act, 1971

Section 3

Private forests to vest in Government

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

(1) Notwithstanding anything contained in any other law for the time being in force, or in any contract or other document, but subject to the provisions of sub-sections (2) and (3), with effect on and from the appointed day, the ownership and possession of all private forests in the State of Kerala shall by virtue of this Act, stand transferred to and vested in the Government free from all encumbrances, and the right, title and interest of the owner or any other person in any private forest shall stand extinguished. (2) Nothing contained in sub-section (1) shall apply in respect of so much extent of land comprised in private forests held by an owner under his personal cultivation as is within the ceiling limit applicable to him under the Kerala Land Reforms Act, 1963 (1 of 1964) or any building or structure standing thereon or appurtenant thereto. Explanation.-- For the purposes of this sub-section, "cultivation" includes cultivation of trees or plants of any species. (3) Nothing contained in sub-section (1) shall apply in respect of so much extent of private forests held by an owner under a valid registered document of title executed before the appointed day and intended for cultivation by him, which together with other lands held by him to which Chapter III of the Kerala Land Reforms Act, 1963, is applicable, does not exceed the extent of the ceiling are applicable to him under Section 82 of the said Act. (4) Notwithstanding anything contained in the Kerala Land Reforms Act, 1963, private forests shall, for the purposes of sub-section (2) or sub-section (3), be deemed to be lands to which Chapter III of the said Act is applicable and for the purposes of calculating the ceiling limit applicable to an owner, private forests shall be deemed to be "other dry lands" specified in Schedule II to the said Act. [(5) Notwithstanding anything contained in the Kerala Land Reforms Act, 1963 (1 of 1964) or in any other law for the time being in force or in any judgment, decree or order of any court or tribunal, a certificate of purchase issued under sub-section (1) of section 72K of the said Act shall not be a conclusive proof for the purposes of this Act for proving that the land held by a person or owner is under his personal cultivation or was held with intention to cultivate as on the appointed day, but such certificate of purchase may be a relevant fact along with other facts, materials and documents for proving that the land was under his personal cultivation. (6) Nothing contained in sub-section (1) shall apply in respect of private forests upto an extent of twenty ares with a house standing thereon, held by an owner for his residential purpose as on the appointed day.] Inserted by ACT 21 OF 2023 published in K.G.Ext. No. 2538 dt. 31/07/2023.(w.e.f. 10/05/1971).