Expert Committee Report
Expert Committee Report
REPORT
RECONSTITUTED EXPERT COMMITTEE - I
S. NAGARAJA. IFS.
CHIEF CONSERVATOR OF FORESTS
5 Suggestions
43
Annexures
(Annexure-I)
b) Deemed Forests
IV DELIBERATIONS OF THE RECONSTITUTED EXPERT COMMITTEE-I
„Forest‟ has been defined in the Govt. Forest Act 1865 (Act of VII
of 1865) as “land covered with trees, brushwood or jungle, and
declared to be Government forest under the act.” But as a matter of
fact, it has been recognized that no legal definition is practicable or
use. The later acts like the Indian Forest Act, 1878 (Act VII of 1878),
the Indian Forest Act, 1927 (XVI of 1927), the Mysore Forest Act, 1900
(Act XI of 1900) and the Karnataka Forest Act, 1963, (Act No.5 of
1964) have not defined the „forest‟. However, the forest has been
interpreted for the purpose of Chapter 5 of Karnataka Forest Act
1963, as „forest‟ includes any land containing trees and shrubs,
pasture lands and any land whatsoever which the State Government
may, by notification under this section, declare to be a forest.
(As per Paragraph 1.1 in the book “Forest (Conservation) Act, 1980 Rules and
guidelines”, published by the Government of India, Ministry of Environment and
Forests, New Delhi).
The district forests are those areas which have been not notified in
any provisions of Karnataka Forest Act/Karnataka Forest Rules,
but must have been notified in other Acts like the Karnataka Land
Revenue Act, The Karnataka Land Reforms Act etc., and recognised
in any other law.
The deemed forests are those areas, which have not been notified,
but recorded as forests in the Govt. records.
i. Typographical error.
ii. Under reserve forests and protected forests, notifications have
been issued for the same area two or three times and there is
duplication in areas.
iii. Some C and D class land, which has been transferred to the
Department, has reserved forest and protected forest areas.
Hence it is reflected in both the categories, amounting to
duplication.
c) It was decided that the figures provided now with village name and
the survey numbers is to be taken as final. As this exercise of
collecting the area details with available other relevant records.
These figures are endorsed by the Conservator of Forests and the
concerned Deputy Conservator of Forests- territorial and working
Plan that it is true and correct to their best of knowledge.
g) The details of the area with regard to the district forests like bane,
Betta, Jamma Malai, Paisari, forest Perampoke, Kans, Kumki,
Assessed waste land, Kharab land, inam land, river Catchment and
sea erosion areas, thickly wooded areas, the C & D lands, and
unredeemed lands are with Revenue records of the district. The
area information now furnished is collected by our field level forest
officers from local revenue officers. To make the information more
authenticated the area figures must be got confirmed from the High
Level Revenue Authorities. For this the Committee is of the opinion
that a High Level Officer at Principal Secretary should confirm at
Government Level.
h) The Committee has deliberated once again on forestland
classification. As the Committee has to group all categories into
two main categories i.e., Notified Forests: & Deemed Forests, it is
decided to club district Forest and Deemed forest and call it as
deemed Forest. The following classification is followed keeping in
view the G.O.No.FEE.270.FGL.2002, Bangalore dated 25.09.2002.
IV a) Notified Forests:
1.The Reserved forests are those forest areas, which are as per
Section 2 (14) of the Karnataka Forest Act. It means land notified in
accordance with the provisions of Chapter 2 of Karnataka Forest Act
1963. Also as per Section 17 of Karnataka Forest Act any forest
which has been notified as State Forest under the Section 17 of
Mysore Forest Act 1900, reserved forest under Section 20 Indian
Forest Act 1917, the Section 16 of Madras Forest Act 1882, Section 19
of Hyderabad Forest Act 1935, prior to the date on which this Act
comes into force shall be a reserved forest under the Karnataka Forest
Act 1963.
IV b) DEEMED FORESTS:-
(1). All public roads, streets, lanes and paths, bridges, ditches,
dikes and fences, on or beside the same, the bed of the sea and of
harbours and creeks below high water mark and of rivers, streams,
nallas, lakes and tanks and all canals and water courses and all
standing and flowing waters and all lands wherever situated which are
not the property of individuals or of aggregate of persons legally
capable of holding property, and except in so far as any rights of such
persons may be established, in or over the same, and except as may
be otherwise provided in any law for the time being in force, and are
hereby declared to be with all rights in or over the same or
appertaining thereto, the property of the State Government.
IV. b. (2). As per the above, the districts forest are the lands such
as Betta Lands, Bane Lands, Jamma Malai, Forest Peramboke,
Paisari, Kans, Kumki, Amruth Mahal Kaval, Assessed Waste, Kharab,
Inam and Wet Lands,. Lakes, Kumki lands or the lands classified as
forests in revenue records. These are the privilege lands assigned for
various purposes at the time of survey settlement or assigned for
certain privileges with certain conditions.
IV. b. (3) The district forest, are basically the forest lands, but in
order to protect the reserve forests, certain area were delineated for
privileges, which were extended to the public and these lands have
characteristics of forests and falls within the meaning of forest as
defined in Section 2 of Forest Conservation Act and in the Order of
Hon‟ble Supreme Court dated: 12/12/96 in the W.P.No.202/95.
These district forests are notified by the Revenue Department, and
basically managed by Revenue Department. All pertinent records, are
with Deputy Commissioner‟s and management prescription is
supposed to be prepared by Deputy Commissioner for the privileges
provided to the public and it should be managed in such a way that
the land is still in the possession of the Government and to use, only
the produce by the public is the main intention of the Government.
The privileges are the part of concessions but not as right over the
land.
IV .b. (4) As these are located in the Western Ghats which are Eco-
sensitive and rich in bio-diversity. They have to be managed and
protected. With the advancement in agricultural improved practices
and General Scientific Management the privileges provided in the
forest lands needs to be reexamined.
IV .b. 5) The deemed forests are those of the land which is having
the characteristic of the forests, irrespective of the ownership and
gives the dictionary meaning, and enshrined in the Forest
Conservation Act, Section 2. There are the thickly wooded areas with
Revenue Department but not handed over to forest Department. The
thickly wooded areas recommended to be taken over by the
Government, to hand it over to the Karnataka Forest Department, but
not notified. The thickly wooded land distributed to grantees but not
cultivated. Such of the land can be treated as deemed forests. The C
& D class lands which is handed over to Forest Department can be
treated as deemed forests including the plantations raised in the
above said areas.
5.3) Bane Lands:- Bane is also part of the protected forest land
granted for service of holding of wet land which is allotted to be
held free of revenue by cultivator for grazing and to supply leaf
manure and fire wood and small timber required for agricultural
and domestic purposes of the cultivator. So long as he
continues in possession of wet lands as per Section 79 (2) of
Karnataka Revenue Act 1964 also as per Appendix 3 of Coorg
Land Revenue Regulation Act 1899.
5.7) Kans:- Kans are protected forests which is given for the privilege
of the public for Coffee, Pepper, Gum and Honey and also Green
Manure as per the Section 134(3) and 138(3) of Karnataka
Forest Manual.
5.18) C & D Land with out any plantations but with KFD:- The C &
D class of lands which has been handed over to the Forest
Department in 1981. It has been afforested and some of the
lands continued to be under the Forest Department.
VII SUGGESTIONS: -
(3) Regarding Deemed Forests, the land details are with the
Revenue Department, which should be involved in the
process of updating the records and delivering the
information to the Forest Department for Scientific
Management.
(5) Management of all District Forests shall lie with the Forest
Department.