Section 6 in Management and Working of the Forests
6. The Forest Settlement Officer should now proceed, with due regard for the maintenance of the forest, to arrange for the continued exercise of the rights to the extent admitted.
Under Section 15 he is at liberty to adopt one of three courses:-(a)Transfer the burden of the right to some other conveniently situated and available forest.(b)Alter the proposed boundaries, so as to exclude an area of forest sufficient for the exercise of the rights admitted and convenient for the purpose.(c)Record an order continuing the exercise of the right to the extent admitted at such seasons in such portions of the forest, under such rules as may from time to time be prescribed by the State Government.It is evident that this Section is only intended to regulate the legally admitted rights, and gives no power to alter or extend such rights.If the Settlement Officer acts under (a) or (b), the Section explains clearly enough what course he should follow.Under (c), the Forest Settlement Officer must record an order declaring that the claimants of the admitted rights may continue to exercise the rights to the extent admitted; (a) at such seasons; (b) within such portions of the proposed forest; and (c) subject to such Rules as may, from time to time, be prescribed by the State Government.The Rules that are here referred to must not substantially detract from the rights of either the claimant or the State. Such Rules are not intended to define the legal status of rights claimed, but only to control the exercise of rights admitted for the power to make such Rules is limited, and does not extend to fixing the number of cattle which a right-holder may send into the forest, or the amount of produce he may extract. An order admitting a claim to rights of pasture or forest produce cannot, therefore, be limited or extended by any declaration in Rules framed under Section 15(c) of the Forest Act.The Rules might be such as to require, e.g., cattle to be marked, to wear bells, or produce to be removed by certain roads.In cases where the right admitted and recorded is of such a nature, that it would, in course of time, entitle the right-holder to larger benefits from the forest than he enjoyed at the time of settlement, a maximum should be fixed in such a way as to render substantial justice to the claimants and to the State, having due regard for the well-being of the forest.For Example for a few years immediately, preceding settlement, the cattle of a village may have been considerably reduced by disease or other causes. It is, in this case, obviously desirable to fix a maximum number of cattle in excess of what exist. Similarly, a village, owing to dacoities has been reduced by the emigration of some of its inhabitants who, in more settled times, may be expected to return. In such a case it may be necessary to fix the bamboos, etc. at a quantity in excess of actual present requirements.Section 16 provides that if a Reserved Forest cannot be maintained as a forest side by side with the continued exercise of such rights as have been admitted over it, the For est Settlement Officer may commute such rights as render a proper treatment of the forest impossible, either by cash payment or by the grant of land, or in such other way as he thinks fit. The State Government may make Rules in reference to this question which may prescribe the basis upon which money compensation may be assessed, or land be given in exchange (Madras Government Notification G.O. No. 970, dated 27th August, 1884, paragraphs 12 and 13).
