Tamil Nadu Preservation of Private Forests Act, 1949 (Act No. 27 of 1949)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Preservation of Private Forests Act, 1949 27 of 1949 Keyword(s): Forest, Owner, Person, Forest Offence, Forest-Officer Amendments appended: 22 of 1960, 8 of 2015 · · 1949 : T.N. Act XXVII] Presenation of Private / s~ Forests THE TAMIL NADU PRESERVATION OF PRlvA11r FORESTS Aer, 1949. TABLE OF co:NTENTS. : SECTIONS. 1 Short title, application and commencement. 2 Definitions. 2-A Constitution of Committees. 2-B Meetings of Committees. 2-C Vacancy in committee, etc., not to invalidate acts or proceedings. 3 Preservation of private forests. 4 Appeals. 5 ( Omitted). 6 Power to prohibit or regulat.q certain acts. 6-A Applicability of Chapter VII of Tamil Nadu Act V of 1882. 7 Penalties. 8 Institution of prasocutiom;. 9 Bar of suits. 10 Power to make ~rules. 11 (Omitted). 12. (Omitted). I 56 ~ .. Pres.ervation of Private · °' Forests •. [1949: T. N. Act XXVII SBcnoNs--:.cont. 12-A ·Publication of rules, commenceme:nt of rules and nopfi~tions and · placing them. before the·· Legislature.· 13 Saving and validation. . ·" 1 · 14 Indemnity for acts, etc., done after expiry of Ma~•,. { : . Act XVIII of 1946. . 1$ -Repeals. j .. ,,r' i949 .: T.N. Ad :L"XVII] Preservation of Private Forests 1 [TAMIL NADU] ACT No. XXVII OF 1949. 2 {THE 1[TA~fIL.NAnuJ PR.mERVATION OF PRIVATE FORESTS ~CT, 1949.) I' (Received the assent of the Governor-General on the 10th December 1949 ; first published in the Fort St. George Gazette Extraordinary on the 14th December 1949.) , An Act to prevent the indiscriminate destruction of private · forests and interference with customary and prescriptive rights therein an~ for certain other purposes. WHBRBAS it is necessary' 8[ J to prevent the indiscriminate destruction of private forests and interference with customary and prescriptive rights therein ;· It is hereby enacted as follows : . l. (1) Thi.s Act may be called the1[ Tamil Nadu] ~hort:tl'? Preservation uf Priva.u;; ruu,sts Act, 1949. S.:SPco::!ic ment.] tThese words , ,ere substituted for the word" Madras" by the Tamil Nadu Adaptatio 1 0f Laws Order, 1969, as amended by the Tamil· Nadu Adaptatio11 of Laws (Second Amendment) Order, 1969. · . 2 For Statement of Objects and Reasons, see Fort St. George Gazette Extra01di11ary, dated the 1st November 1949, Part IV-A, page 445. · •· •· This Act was extended to the added territories by S€ction 12 of the Tamil Nadu (Added Territories) Extension of Laws Act, 1964 (Tttmil .•Nadu Act 8 of 1964), Which was deemed to have come into force 1 lln the 3rd December 1960 repealing the corresponding law in f orce in those territories. · ' . This Act was extended to the Shencotah taJuk of the Tirunelveli · district by section 10 of the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of l96S) repealing ' the corresponding law in force in that taluk. · :. This Act was extended to the Kanyakumari district by section : 3 cf the Tamil Nadu Preservation ·of Private Forest~ (Extension to Kanyakumari District) Act, 1979 (Tamil Nadu Act 28 of 1979) · rq,ealing the corresponding law in force in that district. · . ;'·r 8The words ''pending further legislation" wer ~ omitted by section 3 'of the Tamil Nadu Preservation of Private I'orests (Continuance), Act, 196S (Tamil Nadu Act 32 of 1965). . '/ /'./>.: •. 'Th~e words were substituted for the words '~applicatio~, commencement and duration" by section 4 (i) of the Tainil Nadu Preservation of Private Forests · (Continuance) Act, 1965 · (Tamil .Nadu Act 32 of 1965). 58 Preservation of Private Forests (1949:T.N . .Act XXVII (2) It applies 1[ (i) l (ii) to forests situated in estates a:; defined in the S[Tamil Nadu] 2[Tamil Nadu] Estates Land Act, 1908, in the 3[State of Act 1 of 1908. Tamil Nadu]. 4((iii) to private forests ~ituated in other ~eas · , in the State of Tamil Nadu and having a contiguous area exceeding6[2 hectares]which may be declared by the District Collector to be forests for the purposes of this Act, · by notifica~ "n in the District Gazette ; ] but does not apply to reserved forests constituted under the · 2 [TamilNaduJ 2~Tamil Nadu] Forests Act, 1882, and lands at the disposal Act V of 1882 • .of the Government as defined in that Act. ·,. ' · 6[Explanation.-A private forest exceeding7[2 hectares] in extent shall not cease to be such by reason only of tne 1 Clause (i) and the Explanation thereto were omitted by section 2 (i) of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1957 (Tamil Nadu Act XV of 1957). ; · s These words we'.."e substituted for the word " Madras '' by the.T?mil Nadu Adapt.:;.tion of Laws Order, 1969, ts amended by the Tf~mil Nadu Adaptation of L~~ws (Second Amendment) Order, 1969. a 'l'his expression was substituted for the c::xpression "State of · Madras" by the Tamil Nadu Adaptation of Lr.ws Order, 1969, as . amended by the Tamil Nadu Adaptation of Laws (Second Amendment) .Order, 1969. · 1~ · t:Tois .:lause was substituted for the original clause (iii) by section· '· :2. (i) '.~f the Tam!l Nadu Preservation of Private Forests (AmenclJAent) 1~ct;,t960 (Tamil Nadu Act22 of 1960). '"°, • . . r . , 0 The figures <' nd word ''12- hectares" Wfli'e substituted for the .• t .figures and word ''30 acres" by section 2 of the Tamil Nadu Pre.,er- · . -. , vatjon of Private Forests (Amendment) Act, 1979 (Tamil Nadu AGt -.. · 36 of 1979) ; and the figure and word ''2 hectares" were substituted · ·for the figures and w,.>rd "12 hectares" by section Z (a) of the Tamil• Nadu Preservation of Private Forests (Second Amendment) Act, 1979 (Tamil Nadu Act 68 of 1979). . ··• This Explanati~n was added by section 2{b) of the Tamii' Nadu, Preservation of Private Forests (Second Amendment) Act, 1954 (Tamil Nadu Act XVIlI of 1954). , : ( . 7 For the figures and word u100 acres", the figures and word · "30 acres" were su~stittited by section 2 {ii) of, the Tamil Nadu ·1Preservation of Private Forests (Aincndment) Act,· t960 (Tamil Nadu Act 22 of 19GO)~ For the figures and word ••30 acres" the, figur~ and word •'12. ~ctart.-s".were substituted by section 2-"of t~ Tanu! Nadu Preservation of'Pr1vate Forests (Amendment)Act, 1979 . (Tauul N3:du Act 36 of 1979). The figure and word "2 ~ares•~/ were substituted for the figures and word u12 hectares" by section 2 (b) of the Tamil Nadu P~eservation of Private Forests (Second Amen4,·· • . . ment)Act~1979(TamilNac.uAct6Eof1979). , , .... .. .. . . .,,; . ~,~• ... ";l#. .... ~,. •~ 1~• ~ ... " •• :f ·1 ' 1949; ~.N. Act xxV1i] Preservation o/l!rivate i?orcsts/ sf ~Ji~}~\:.~./ ' ; . ' .: {ff.fact that, in a portion thereof,1 [treesi, shrubs or reeds aro }\:' Jelled or cut] with or wi~out the permission of the2~commit :{3,t: t~1. or lands .are ~ult1vated, or rocks, roads, tanks, · , overs or the like exist- ; nor shall the area of such forest cease to be co,ntiguous by reason · only of the existence ·. ~fall or :my of the aforesaid.circumstances.] (3) It shall corn~ j.nto force at once 3 ( J.~ '[(4) J .· ~- In this .Act unless there is anything repugnant in the Definillt,ns. subJect or context,- · 5 [(a) 'committee' means any committee constituted under Jection 2-A and having jurisdiction ;] 5 {(aa)] 'forest' includes waste or communal land containing 6 [trees, shrubs and reeds], past11re land and 1 These words were substituted for the words "trees or shrubs are felled" by section 2 of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1965 (Tamil Nadu Act 12 of 1965). a This word was substituted forth~ words "District Collectorst by section 2(b) of the Tamil Nadu Preservation of Private Forests (Second Amentlment) Act, 1979 (Tamil Nadu Act 68 of 1979). a The life of this Act bas been extended from time to time. See Madras Acts XXX of 1950 and XXX of 1951 and Tamil Nadu Acts Ill of 1954, XXX of 19:,4, XXXV of 1955, XV of 1957, 20 of 1959, 33 of 1961 and 23 of 1963 ; and this Act was made permanent by section 2 of the Tamil Nadu Preservaticn of Frivate l'orest::; (Continu ance) Act, 1965 (Tamil Nadu Act 32 of 1965). The words, figures t.nd letters ''and shall remain in force upto and inclusive of the 2nd December 1965" were omitted by section 4 (ii) of the Tamil Nadu Preservation of Private Forests (Continuance) Act, 1965 (Tamil Nadu Act 32 of 1965). · ' 4This sut-sectio~ was omitted b.1- sect.ion 4 (iii) of the Tamil Nad? Preservation of Pnvate Forests lContmuance) Act, 1965 (TaIDI} Nadu Act 32 of 1965). 5Qriginal clause (a) was relet~ered as clause(~) of that section ~&d this clause was ins,~rted by section 3 of the Tamtl Nadu Preservation of :Private Porc~ts '-ScC<.,~1J ::.:::c:::-nent) Act, 19'/9 (Tamil Nadu Act · 68 of 1979). o These words were substituted for the words ''trees and shrubs0 · by section 3 of tb ~ Tamil Nadu Preservation of Private Forests (Amendment) Act, 1965 (Tamil Nadu Act 12 of 1965). 60 Preservation of Private Forests [1949: T.N.·Act XXVll ·· : . . . ' < '. \ {~-.r· . ,- . , , I . . . any other class of land declared by the 1[State] Governme~t . to,be,:arforest by •notificatiou 2[ . ]. . . . : .• ;;, ' ' ~· ' • ' .~ . t ".; ~ ~ ; !, ';, •• ,:,,:..:: r[Explanation.-For . the purposes of this eiaUSO,< "9,ommunal land" means--·· . · (i) beds and bunds of tanks and of :mpply, drainago, surplus or irrigation channels ; (ii) threshing-floor, cattle-stands, village-sites and other lands which are set apart for the common use of the villagers.] (b) 'owner' in relation'• to a forest includes a mort gagee, lessee or other person having right to possession and enjoyment of the forest; (c) 'person! includes a Hindu undivided family, a Marumak:kattayam tarwad or tavazhi and an Aliyasantana fami ly or branch .. 4 [(d) 'forest offence' means an offence punishable under this Act ; (e) the expressions 'Forest-officer', 'tree', 'timber', •forest-produce', 'cattle', 'Magistrate' and 'imprisonment' shall have the meanings respectively assigned to them in section 2 of the 5 [Tamil Nadu] Forest Act, 1882 ('[Tamil Nadu] Act V of 1882).] ~. 1 This word was sub~ tituted for ths word "Provincial" by the Adaptation of Laws Order, 1950. s The , . .,"rds and letters "in the Fort St. George Gazette" were omitted by s"' .... tion 3 of the Tamil Nadu Preservation of Private Potc..Sts(Amendment) Act, 1979 (Tamil Nadu Act 36 of 1979). ~ 8 This Er.planation was substituted for the original ;Explanation by section 10 (2) of the Tamil Nadu (Transferred Territory) EAtension of Laws Act, 1965 (Tamil Kadu Act 22 of 1965). 4 Clauses (d) and {e) were added by section 3 of the Tamil Nadu · Preservation of Private Forests (Amendment) Act, 1955 (Tamil Nadu Act XXXV of 195~ ). IS These word8 were substiruted for the word "Madra.~" by,,the>,: . Tamil Nadu Adaptation of Laws Order, 1969, as amended by the · ·Tamil Nadu Adaptation of Laws (Second Amendment) Orde.r, /. · Jtf~.; / . . ., ~~,-----, . .: / j '. - --·---~ · y} :T.l't Ad XXVII1 Preservation of Private Forests 61 , ::>. 1[2:A. (1) The State Government may, by noti:fica- Co tit f · · •' tton 'Y1th effe1;t fro1n s uc~ date as rr1ay be specified therein, co::i~i~e~:. const1~ute for. each dt~trict a 9ommittee for the purpose of this Act:, consisting of the following members, . namely:- . ' . (a) the District Collector as Chairman of. the Com ~~; . :,". -~ .•· · .. (b) the District Forest Officer having jurisdiction,,. ·T r,Q-ver the district ; . . · (c) thfl Tahsildai- hav~g jurisdiction over the area ; - . . (d) the Executive · Engineer of the Agriculture . . .•• I>,epartment in charge of soil cons~rvation ; . . . (e) the Personal Assistant (General) to the Collector ; . <>f the district, who shall be the Secretary of the committee • •. 2'."B. (1) The committee inay meet as often as may be ~Ieetings of ··necessary and shall, subject · to the' provisions of sub- Committees •. sections (2) and (3), ob~erve such rules of procedure in · · ~egard to transaction of business at its meetings (including fhe quorum at 1neetings) as may be prescribed by the State ,Government unlder this Act, provided that not more than ... . ~wo months shall elapse between one meeting of the com mittee and another. ... (2) The Chairman of the committee or in his Absence any 1nember nominated by him in that behalf shall preside at a meeting of t~e co1nrnittee . . . · · (3) All questions at a meeting; of the committee · ·$hall be decided by a majority of the votes of the members · .. · present and voting and in the case of an equality of votes, . · the Chrurman of the committee or in his absence the person presiding, shall have a second or casting vote.] ·' · 1[2-C. No act or proceeding of the commn."':-- shall be Vacancy in deemed to be invalid by reason only of the existence of comm~ttee. etc., · not to invalldato acts or proceed t Sections. 2-A, 2•B and 2 .. c . were insertc. d b y s-ec-ti-on 4 o f th-e ings. Tamil Nadu Preservation of Private Forests (Second Amendment) Act, 1979 (Tamil Nadu Act 68 cf 1979). .. , '• 62 Preservation of Private Forests [1949: T.N. Act XXVII any vacancy in the committee or any defect in the nomi .. nation of a member thereto . or on the ground only that more than two months have elapsed between one meeti,ig. of the com~ittee and another.] ': t ~~~rvation of · 3. (1) (a) No own~r of any forest nhaU, without ;the. ; .: ptjvato forests. previous sanction of the 1[committee] sell, mortgage, lease · · · · · ·. · . or otherwise alienate the whoJe or any portion of the forest. · · · · - ·. 1 .. ' · ,: :, E~j,lanation.-No!hin,g in this. sub-sec~on shall be•. construed as preventing the owner from selhng or other- · · 'wise dealing with the right to gather and remove forest 1 : Efoduce· other than 2Jtrees, timber. and reeds] in t~e usual··. · or-~customary manner, for· a· period not exceeding two ,-.., .. ·Y.ears •... . , ' ·" : ' . · · · 3[(b) Any alienation ·. in contravention of clause .. · . (aJ:shall be null.and void~ i" .. . . (i) if the alienation is of any forest declared . by '[the District Co11ector] to be a forest under clause · , (iii) of section 1 (2) or of any portion of such a forest :·,and is made on or-after the, date on which the declaratio~ . takes effect ; · · · · · · · 15rc··) ~ 11 (iii) if tiie alienation is of any other forest or of any portion of such a forest, and is m~de on or after the 16th August 1946). I · ; < t This word was substituted for the words ~'District CQJiector'', by section 5 (a) oft i1e Tamil Nadu Preservation of Private Forests (Second Amendrn~nt) Act91979 (.1aif1i; };4"iu ~~et G2 of 1979). ,, . 9 These words were substituted forthe words 0 treesand timber" by section 4(i) 01 the Tamil Nadu Preservation of Private Forests . (Amendment)Act, 1965 (T3:mi1Nadu Act 12of1965). • '-' <\ ./ · s 'fhis.clause was s-µbstitute<.!, for the original clatise (b):bl.the Tamil Nadu Preservation of Private Forests (Second Amendment) · Act,!9j4(Tami1Hadu ActXVDiof1954). . ' 41:!'ese wor~s were substituted for-the words '"the $fate Govern• ment by section 3 of the Tamil Nadu Preservation of Privat~ Forests (Amendment) Act, 1960 (Tamil Nadu Act 22 of 1960).,~ s Sub-clause (ii) was omitted ·by s~ction 3 of the Tamil Nadu Preservation of Private Forests (J~mendment) Act, 1957 (Tamil Nadu Act xv or 1~57). / 1949: T.N. Act XXVIJ] Preservation of Private 65 Fore .. 1ts (v) in section 50-· (a) clause (a) shall be omlttedj (b) in clause (c), the word'' 'or' occurring at the end shall be omitted; and (c) clause (d) shall be omitted ; (vi) section 56 shall be omitted.} 1[7. Whoever contravenes- Penalties. (a) the provisions of sub-section (1) or sub-section (2) of section 3, or · (b) any of the terms or conditions subject to which permission is granted under sub-section (2) of section 3, or (c) any of the terms of a notification under section 6, shall be punishable with imprisonment whic1. may extend to two years or with fine which may extend to five thousand · rupees or with both.] 8. No prosecution shall be instituted against any person Institution of without the sanction of the 2[Committee]. prosecutions. 9. No order of the 3(State] Government or the Bar of suits. '[Committee] under this Act and no notification issued by the 3[Statel Government under section 6 shall be liable to be questioned in any Court of Law. 10. (1) The 3(State] Government may make rules for Power to carrying out the purposes of this Act. make rules. 1 This section was substituted for original section 7 1,y section 6 of the Tamil Nadu Pre~ervation of Private Forests · (Amendment) Act, 1979 (Tamil Nadu Act 36 of 1979). I This word was substituted for. the words "District Collector•• by section 7 of the Tamil Nadu Preservation of Private Forests (Second Amendment) Act, 1979 (Tamil Nadu Act 68 of 1979). a This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. •: 4 This word was substituted for the words ''Dic;trict Collector'' · . by section 8 of the Tamil Nadu Proservation of Pr vate Forests ,{Second Amendment) Act, 1979 (Tamil Nadu Act 68 <.>f 1979). 125--3-5 . :-,, )!! . ',; i <>6 Preservation of Private Forests [1949: T.N. Act XXV11 · (2) Without prejudice to the generality of the fore going power, such rules may provide 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 co:iditions subject to which permissions may be granted ; 1[(bb) the deposit of si.ch sum. if any, as may be specified in tr~e rules as security for the due performance of the terms and conditions subject to which permission is granted under suh-~P,~tj,m (2) of section 3, the forfeiture of the sum so deposited or any part thereof for contraven tion of any such term or condition and the adjudication of such ::~orfeiture by such authority as may be specified in . the rules;] (c) the procedure to be followed by the 2[Com• mittee] before granting permiss!ous. * 4[12. * * * * l 1 4 [Pu~Jcra~:~: 5[12-A. (1) (a) AIi rules made under this Act, commencement ~~ii~~e:ti~~ t This dause was inserted by section 7 of the Tami} Nadu Preser• and placing vation of Private Forests (Amendment) Act, 1979 (J;'amil Nadu them before Act 36 of 1979). , the Legislature.] 2 This word was substituted for the words "District Collector" by section 9 of the Tamil Nadu Preservation of Private Forests· (Second Amendment) Act, 1979 (Tamil Nadu Act 68 of 1979). · a This s~ction was omitted by section 5 of the Tamil Nad11 Pre servation of Private Forests (Continuance) Act, 1965 (Tamil Nad Act 32 of 1965). 4 This section was omitted by section 8 of the Tamil Nadu P servation of Private Forests (Amendment) Act, 1979 (Tamil Nad Act 36 of .l979) • . IS Thii:: section was inserted by section 5 of the Tamil Nadu PIO!t servatiov. of Private Forests (Amendment) Act, 1965 (Tamil Nadu ··· 12 of 19€5), 6 This marginal heading was substituted for the marginal hea • "Rules and orders to be placed before the Legislature!' by segtf · 9 (1) of the Tamil Nadu Preservation of Private Forests ,.....,.. ..... · ment) Act, 1979 (Tamil Nadu Act 36 or 1979). . . ~. 71 tJ 1 thl■ &atut ;a ""·· 68 Preae,··vatlon of Private. f[i949: T.N. Ad n\'tt For1a, Savina and 13. (1) Any rule 01 order made or purporting to have validation. been made, any notification issuecl or purporting to have been issued, any decision or direction given or purporting to have been given, any action or proceeding taken or pu,port ing to have been taken, or anything done or purpotting to have been done Madras,- (a) under any provisien of the Madras Preservation xv1~} of Private Forests Act, 1946 (hereinafter in this section of 1946 and in section 14 ref~rred to as the said Act) and in · force immediately before the 3rd December 1948, or (b) on or after the 3rd December 1948, under any provision ,:,f the said Act on the footing that the said Act wQ.s in foree at the relcvent time, or · ' I' \ Madras (c) under any provision of the Madras Preservation Ordi• of Private Forests Ordinance, 1949 (hereinafter in this· vi'i?~f section referred to as the said Ordinance), 1949 • hall b" b d .fi . lla . s ,su ~ect to any su sequent mo 1 cattonor canc.e tlon thereof purporting to have been me.de onor after that date under the said Act on the footing that the said Act was in force at the relevent time or und.er the said Ordinance; be deemed to be a rule or order made., notification issued, decision or direction given, action or proceeding taken, or thing done under the correspo11ding provision of this Act. (2) An.y liability or penalty incurred or purporting to have been incurred, any punishment ·awarded or purporting to have been awarded, and any prosecution commenced or p-urporting to have been comn1enced · (u) under any prov1s1on of the said Act before the 3rd December 1948, or . (b) on or after the 3rd Dece111ber 1948 under any ·, provision of the said Act on the footing that the said Act was ,in force at the relevant time, or (c) under any provision of the said Ordinance, shall be deemed to have been incurred; or commenced under the corresponding ,,rovision of this A<;e;. 1949: T.N. Act XXVIIJ Preservation of prlvats 69 Forests 14. (l) No suit, prosecution or· other legfd proceeding Indemnity f< shall lie in any court against any o ificcr or servant of the Acts etc.,. dot 1[State] Government .or any person ac· ing under his dire~-~~ expiry Ac tion or aiding or assisting himL... XVlJ1 of 1946~ (a) fer, c! · ,:-:: c- -:-~ount of, or in respect of, any sentenr,e passed, or any act ordered or done by him in exer cise of any jurisdic1ion or power pnrportingto have beea conferred on him by the se.id Act, or · (b) for carrying out any sentence passed by any court in exe~rcise of any such jurisdiction or power as aforesaid • (2) No suit or other legal proceeding shall lie against the 1[State] Government for, or on a~ouJ1t of, or in respect of, any act, matter or thing whatsoever purporting to have been done in pursuance of or utider the said Act. (3) Sub-sections (1) and (2) shall have 61fec~ although the said Act was not or might not have· been in for.ce at the relevant time. I t5. The Madras Preservation of Priv~.te Forests Act, R.~tals. 1946, and the Madras Preserva1ion of Private Forests Ordinance, 1949, are hereby repealed. 1 This word was substituted for tho word ••Provialial11 bJ :~be Adaptation of Laws Order, 1950. 536 Preservation of Private Forests [1960: 'f.N. Act 12 ·. - (Amendment) . 1[TAMIL NADU] ACT No. 22 OF -1960.2 fHE 1tTAMIL NADU] PRESERVATION OF PR.IVA TE FORESTS (AMENDMEN'I) ACT, 1960 .. [Received the assent .of the Presic(ent on the 11th October 1960; first published in the Fort St. George ·oazctte on the 26th October 1960 (Kartika 4, 1882).] Act further to amend tile 1[Tamil Nadu] Preser~,ation of Private Forests Act, 1949. WHEREAS it is expedient further to amend the 1[Tamil Nadu] Preservation of Private Forests A:t, 1949 (1[Tamil Nadu] Act XXVII of 1949), for the purposes hereinafter . ' appeanngJ; BE it eriacted in the Eleventh Year of the Republic of India as follows : Shon title. 1. This Act may be called the 1[Tamil Nadu] Preservai tion of Private Forests (Amendment) Act, 196<L Savings. 2-4. (The amendments mad<, by these sections have . been incorporated in the principal Ac~, viz., Tamil Nadu Act XXVII of 1949.) 5. Any declaration made by the. State Government. by notification in th~ Fort St. George Gazette• under clause (iii) of sul>section (2) of section 1 of the principal Act before the· date of the commencement of this Act sha 11 be deemed to be a declaration made by the District Collector by notification in the District Gazette under· ,Jausc (iii) af oresa.id as substituted by this Act. \ 1 These word~ were substituted for the word "Madras n by the Tamil Nadu Adaptation of Laws Order, 1969, as amende<l by the Tamil Nadu Adaptation of Laws (Second Amendme:at) Order · 1969. 2 For Statement of Objects and Reasons, see For.t St. George Gazette Extraordinary, dated the 2nd August 1960, Part Jy .. . ;ection 3, page 2. • Now the Tamil Nada Government Gaztte. IV-2 Ex. (167)—1 No. 167] CHENNAI, MONDAY, AUGUST 3, 2015 Aadi 18, Manmadha, Thiruvalluvar Aandu–2046 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY © [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2015 [Price: Re. 0.80 Paise. Part IV—Section 2 Tamil Nadu Acts and Ordinances [ 27 ] Short title and commence ment. Insertion of new section 4-A. The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 22nd July 2015 and is hereby published for general information:— ACT No. 8 OF 2015. Tamil Nadu Act XXVII of 1949. An Act further to amend the Tamil Nadu Preservation of Private Forests Act, 1949. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-Second Year of the Republic of India as follows:— 1. (1) This Act may be called the Tamil Nadu Preservation of Private Forests (Amendment) Act, 2011. (2) It shall come into force on such date as the State Government may, by notification, appoint. 2. After section 4 of the Tamil Nadu Preservation of Private Forests Act, 1949, the following section shall be inserted, namely:— “4-A. Sanction to purchaser.—(1) Notwithstanding anything contained in sub-section (1) of section 3, the purchaser of the whole or any portion of the forest, which has been sold by the owner of such forest without the previous sanction of the committee under clause (a) of sub-section (1) of section 3, may, apply to the committee for sanction to retain the whole or any portion of the forest, within such time as may be prescribed. (2) The committee may, by order, accord the sanction for the whole or any portion of the forest specified in the application, subject to such conditions as it may deem fit. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY28 (By order of the Governor) S.S. POOVALINGAM, Secretary to Government-in-charge, Law Department. (3) The committee may refuse to accord the sanction, if prosecution is instituted for any of the contraventions referred to in section 7, in such forest, other than the contravention of the provisions of sub-section (1) of section 3 or for any other reason to be recorded in writing. (4) Any person aggrieved by an order under sub-section (3) may, within two months from the date of receipt of such order, prefer an appeal in writing to the State Government. The State Government shall pass such order on the appeal as they may think fit. (5) The sanction accorded under sub-section (2) shall not prohibit the institution of prosecution against the owner for the contravention of sub-section (1) of section 3. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU