THE
ENACTMENT , ORDINANCE OR LEGISLATION PERTAINING TO THE DEPARTMENT
Legislation
The
United State of Travancore and Cochin was formed on 1st
July 1949. The present State of Kerala was created on 1st
November, 1956 under the provisions in the State Re-organisation
Act 1956 which allocated the territories of the State of
Travancore-Cochin, but excluded the territories transferred
to the State of Madras, Malabar District, the Islands of
Laccadive and Minicoy and Kasargod Taluk of the Kannur District.
After the formation of the state of Kerala, a uniform legislation
known as the Kerala Forest Act 1961 (4 to 1962) was enacted
and made applicable to the entire State, repealing the Travancore–Cochin
Forest Act, 1951, the Madras Forest Act, 1882 and the Madras
Wild Elephants Preservation Act, 1873. However, "the
Madras Preservation of Private Forest Act, 1949 (intended
to prevent indiscriminate destruction of private forests)
remained in force upto 31st December 1971, when
the Kerala Private Forests (Vesting and Assignment) Act
1971 was passed. A review of legislation was undertaken
to examine the extent of Government regulation and intervention
upon market forces.
The
main legislation and regulations affecting the market are
as follows:
·
The Kerala Forest Act (1961) and amendments
·
The Kerala Forest Produce Transit Rules, 1975
·
The Kerala Forest (Preservation, Reproduction and Disposal
of Trees and Timber Belonging to Government But Grown on
lands in the Occupation of Private Persons) Rules, 1975
·
The Kerala Private Forests (Vesting and Assignment) Act,
1974
·
The Kerala Forest Produce (Fixation of Selling Price) Act,
1978 & 1989
·
The Kerala Preservation of Trees Act, 1986
The
main features of the Acts and Rules covering forestry in
Kerala are dealt with in the Working Paper on Legal Aspects
of Forestry in Kerala. The key points which relate to policy
changes required have been summarized here.
The
Kerala Forest Act (1961) and Amendments
This
is the principle act regulating forestry in the State. In
relation to forest products supply and demand it contains
the following provisions:
·
A very wide definition of "Forest Produce" including
forest produce grown or collected from private land.
·
Control over timber and forest produce includes, powers
to regulate trade and transport, even though the produce
does not belong to the Govt.
·
Powers to prescribe the routes for import and export, and
to prohibit the import or movement.
·
Prescribes documentation, marks and rules for all timber
products.
·
Provides that timber on the margin of any public road is
assumed to be timber in transit until the contrary is proved.
·
Contains extensive powers of seizure and confiscation
·
Forest Officers cannot trade in timber or forest produce.
It
provides for the collection of a "Forest Development
Tax" on Government sales of forest products (including
timber, charcoal, bamboo, cane, firewood) exemptions from
the tax apply to schedule castes and tribals.
The
Kerala Private Forests (Vesting and Assignment) Act, 1971
& Amendments
·
Provides as part of the agrarian reforms of the State that
certain private forests be vested in Government and the
land distributed to agricultural workers as agricultural
land. No compensation is payable.
The
Kerala Preservation of Trees Act, 1986
The purpose of the Act is stated as being "to prevent
soil erosion and destruction and loss of timber wealth in
the State".
·
Species covered are teak, rosewood, sandalwood, irul, thempavu,
kampakan, chempakam, chadachi, chandana vempu and cheeni.
·
Written permission must be obtained from KFD for any cutting
(including uprooting and burning) of trees for building
construction on the property concerned.
·
Exemptions from permission are included for pruning for
ordinary agricultural practices, and for cutting from the
compound of residential premises up to one hectare in size.
·
Extensive seizure provision on timber, vehicles and boats
are included.
·
Section 4 of the Kerala Preservation of Trees Act, 1926
imposes restrictions on the cutting of trees without the
permission of an authorized officer.
·
Section 5 empowers the Government to prohibit the cutting
of trees standing on Private Forests, in the Cardamom Hill
Reserve or in other areas cultivated with Cardamom, except
when these either constitute a danger to life or are dead,
diseased or wind fallen.
Kerala
Land Reforms Act, 1963
Under
Section 82 (1) of the Kerala Land Reforms Act, 1963, a ceiling
of land area was fixed for individuals and joint families.
Individuals were prevented from owning, holding or possessing
land in excess of the ceiling area with effect from first
January 1970. The leasing of land to any other individual
or company in violation of these ceiling provisions was
similarly prohibited.
The
result of this Act was to redistribute land to all agricultural
labourers and dwellers. The effect has been to reduce the
average size of land holdings to less than 0.4 ha. with
ninety percent holdings less than half a hectare in size.
It also means that there are no large blocks of land in
private ownership that can be used by the private sector
for plantation forestry. This limits future access of the
private sector into forestry to use of government land.
THE
KERALA PRESERVATION OF TREES ACT (1986)
(EXCEPTS)
Section
4 Restriction regarding cutting, etc. of trees –
1. No person shall, without the previous
permission in writing of the authorized officer, cut, uproot
or bum, or cause to be cut, uprooted or burnt, any tree.
2. The permission under sub-section (10
shall not be refused if –
a) the tree constitutes a danger
to list or property; or
b) the tree is dead, diseased or
wind fallen:
Provided
that where permission to cut a tree is granted on the ground
specified in clause
·
The authorized officer shall impose as a condition for the
grant of such permission the effective regeneration of an
equal number of the same or other suitable species of trees:
or
·
Such cutting is to enable the owner of the land in which
the tree stands to use the are cleared or the timber cut
for the construction of a building for his own use.
·
No person shall cut or otherwise damage, or cause to be
cut or otherwise damaged, the branch of any tree: Provided
that the provisions of this subsection shall not be deemed
to prevent the pruning of any tree as required by ordinary
agricultural or horticultural Practices.
·
No person shall, without the previous permission in writing
of the authorized officer, destroy any plant of any tree
or do any act, which diminishes the value of any such plant.
·
Nothing contained in subsection (1) or subsection (2) or
subsection (30 or subsection (4) shall apply in respect
of any tree or plant in the compound of any residential
building:
·
Provided that where such compound exceeds one hectare immediately
surrounding the residential building.
SPECIES
FOR WHICH CUTTING PERMISSION IS REQUIRED
1.
Sandalwood (Santalum album)
2.
Teak (Tectona grandis)
3.
Rosewood (Dalbergia latifolia)
4.
Irul (Xylia xylocarpa)
5.
Thembavu (Terminalia tomentosa)
6.
Kambakam (Hose parvitlora)
7.
Chambakam (Michelia champaca)
8.
Chadachi (Grewia tiliaefolia)
9.
Chandana Vembu (Toona ciliata)
10.
Cheeni (Tetrameles nudiflora)
THE
WILDLIFE (PROTECTION) ACT, 1972
(EXCEPTS)
Section
9 Hunting of Wild Animals
No
person shall hunt any wild animals specified in Schedules
I, II, III and IV excepts as provided under section 11 and
Section 12.
Section
11 Hunting of wild animals to be permitted in certain cases.
1. Notwithstanding anything in any
other law for the time being in force and subject to the
provisions of Chapter IV.
·
The Chief Wildlife Warden or the authorized officer may,
if he is satisfied that any wild animal specified in Sch.
II, Sch.III or Sch.IV has become dangerous to human life
or to property (including standing crops or any land) or
is so disabled or diseased as to be beyond recovery, by
order in writing and stating the reasons therefore, permit
any person to hunt such animal or cause such animal to be
hunted.
2. The killing or wounding in good
faith of any wild animal in defenses of oneself or of any
other person shall not be an offence:
Provided
that nothing in this subsection shall exonerate any person
who, when such defense becomes necessary, was committing
any act in contravention of any provision of this Act or
any rule or order made there under.
3. Any wild animal killed or wounded
in defense of any person shall be Government property.
