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State of Kerala - Section

Section 19 in Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003

19. Validation and Transitory Provisions.

(1)Notwithstanding the expiry of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Ordinance, 2001 (16 of 2001) (hereinafter referred to as the said Ordinance),-
(a)all ecologically fragile lands vested in the Government under the said Ordinance shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been vested under this Act;
(b)anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall, in so far it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under this Act;
(2)The expiry of the said Ordinance shall not,-
(a)affect any right, privilege, obligation or liability acquired, accrued or incurred thereunder; or
(b)affect any legal proceedings or remedy in respect of any such right, privilege, obligation or liability and any such legal proceedings or remedy may be instituted, continued or enforced under the provisions of this Act in so far as it is not inconsistent with the provisions of this Act.
(3)Notwithstanding anything contained in the said Ordinance or in any judgement, decree or order of any court,-
(a)no land other than the ecologically fragile land as defined in this Act, whether notified under sub-section (3) of section 3 of the said Ordinance or not, shall be deemed to have vested or ever to have been vested in Government; and
(b)every notification issued in respect of any land under sub-section (3) of section 3 of the said Ordinance shall be scrutinized by the custodian suo motu or on an application made by the owner or any person having the right of possession or enjoyment of such land and if necessary, such notification shall be revised and issued in accordance with the provisions of this Act.