The Tamil Nadu Forest Act, 1882

What the Act governs

The Tamil Nadu Forest Act, 1882 extends to the whole State of Tamil Nadu, although the Government may exempt a place from all or part of its operation through an Official Gazette notification. Chapters VI-A and VI-B apply only to the transferred territory, defined as Kanyakumari district and Shencottah taluk of Tirunelveli district.

The legislation covers reserved forests, other government land, certain privately held forests and lands, timber movement, sandalwood, forest offences, confiscation, cattle trespass and the powers of forest officers.

How land may become reserved forest

The Tamil Nadu Forest Act, 1882 allows the Government to constitute land at its disposal as reserved forest. The process includes:

• Publication of a notification identifying the approximate situation and limits of the land.
• A declaration that the Government proposes to constitute the land as reserved forest.
• Appointment of a Forest-settlement-officer to investigate rights claimed over the land or its forest produce.
• Publication of a proclamation in the district Gazette, relevant taluk headquarters and nearby towns and villages.
• Inquiry into claims, appeals and a later notification declaring the forest reserved.
• Extinction of rights that were not claimed, subject to the provisions listed in the Act.

Between the initial notification and the later reserved forest notification, Civil Courts generally cannot entertain suits seeking to establish rights over the notified land or its forest produce, except as provided by the legislation.

Who may be affected

The Tamil Nadu Forest Act, 1882 may affect buyers, owners and occupiers where land is within a proposed or declared reserved forest, where forest rights are claimed, or where government land is occupied without authority. It also provides for summary eviction of unauthorised occupants from land in reserved forests and related areas.

Owners of forests or land not at the disposal of the Government may also be affected. The legislation allows regulation or prohibition of breaking up or clearing certain land for cultivation, and provides for leasing or acquisition if an owner refuses. It also permits forest protection at an owner's request and management of forests jointly owned by the Government and others.

Other key controls

The Tamil Nadu Forest Act, 1882 also provides for:

• Rules regulating timber transit.
• Licensing, possession and sale provisions for sandalwood, including sandalwood trees grown on private land.
• Seizure and confiscation of timber, forest produce, tools and other property connected with forest offences.
• Arrest without warrant and prevention or compounding of offences.
• Recovery of money due to the Government and sale of forest produce subject to a government lien.