Section 3 in Tamil Nadu Preservation of Private, Forests Act, 1949
3. Preservation of private forests.
(1)(a)No owner of any forest shall, without the previous sanction of the [Committee] [Substituted for 'District Collector' by section 5(a) of the Tamil Nadu Preservation of Private Forests (Second Amendment) Act, 1979 (Tamil Nadu Act No. 68 of 1979).] sell, mortgage, lease or otherwise alienate the whole or any portion of the forest.Explanation. - Nothing in this sub-section shall be construed as preventing the owner from selling or otherwise dealing with the right to gather and remove forest produce other than [trees, timber and reeds] [Substituted for 'trees, and timber' by section 4(i) of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1965 (Tamii Nadu Act 12 of 1965).] in the usual or customary manner for a period not exceeding two years.(b)[ Any alienation in contravention of clause (c) shall be null and void - [Substituted for the original clause (b) by the Tamil Nadu Preservation of Private Forests (Second Amendment) Act, 1954 (Tamil Nadu Act XVIII of 1954).](i)if the alienation is of any forest declared by [the District Collector] 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 declaration takes effect;(ii)[***] [Sub-clause (ii) was omitted by section 3 of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1957 (Tamil Nadu Act XV of 1957)].(iii)if the alienation is of any other forest or of any portion of such a forest, and is made on or after the 16th August 1946.](2)[ No owner of any forest and no person claiming under him, whether by virtue of a contract, licence or any other transaction entered into before or after the commencement of the Tamil Nadu Preservation of Private Forests Act, 1946 (Tamil Nadu Act XVIII of 1946), or any other person shall without the previous permission of the [Committee] [Substituted by section 4 of the Tamil Nadu Preservation of Private Forests (Amendment) Act, 1979 (Tamil Nadu Act 36 of 1979) the words 'cut trees' by section 4(ii) of the Tamil Nadu Presentation of Private Forests (Amendment) Act, 1965 (Act 12 of 1965).],-(a)cut trees or reads; or(b)any act likely to denude the forest or diminish its utility as a forest:Provided that nothing contained in this sub-section shall apply to the removal of dead or fallen trees or to any act done for the usual or customary domestic purposes or for making agricultural implements.](3)Notwithstanding anything contained in sub-section (1) or sub-section (2), the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order 1950.] Government may exempt any forest or class of forests or class of trees therein from all or any of the provisions of this section.
