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State of Kerala - Section

Section 2 in Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)"custodian" means the Principal Chief Conservator of Forests of the State or any other officer not below the rank of a Conservator of Forests appointed by the Government, by notification in the Gazette, to exercise the powers and perform the functions of the custodian under this Act;
(b)"ecologically fragile lands" means,-
(i)any forest land or any portion thereof held by any person and lying contiguous to or encircled by a reserved forest or a vested forest or any other forest land owned by the Government and predominantly supporting natural vegetation, and
(ii)any land declared to be an ecologically fragile land by the Government by notification in the Gazette under section 4;
(c)"forest" means any land principally covered with naturally grown trees and under growth and includes any forest statutorily recognized and declared as reserved forest, protected forest or otherwise, but does not include any land which is used principally for the cultivation of crops of long duration such as tea, coffee, rubber, pepper, cardamom, coconut, arecanut or cashew or any other sites of residential buildings and surroundings essential for the convenient use of such buildings;
(d)"land" includes rivers, streams and its origin and other water bodies;
(e)"natural vegetation" means a growing stock predominantly of a plant species or of a number of plant species occurring naturally on the land;
(f)"owner" in relation to an ecologically fragile land includes a mortgagee, lessee or any other person having the right of possession and enjoyment of the ecologically fragile land;
(g)"prescribed" means prescribed by rules made under this Act;
(h)"reserved forests" means the forests reserved under section 19 of the Kerala Forest Act, 1961 (4 of 1962) and includes forests notified under section 4 of the said Act;
(i)"tribunal" means a tribunal constituted under section 9 of this Act;
(j)"vested forests" means any forest vested in Government under section 3 of the Kerala Private Forests(Vesting and Assignment) Act, 1971 (26 of 1971)