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State of Assam - Section

Section 10 in Assam Forest Regulation, 1891

10. Treatment of claims relating to practice of jhum cultivation.

(1)In the case of a claim relating to the practice of jhum-cultivation, the Forest Settlement Officer shall record a statement setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the State Government together with his opinion as to whether the practice should be permitted or prohibited wholly or in part.
(2)On receipt of the statement and opinion, the State Government may make an order permitting or prohibiting the practice wholly or in part.
(3)If such practice is permitted wholly or in part, the Forest Settlement Officer may arrange for its exercise-
(a)by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality' reasonably convenient for the purposes of the claimants, or
(b)by causing certain portions of the land under settlement to be separately demarcated and giving permission to the claimants to practice jhum cultivation therein under such conditions as he may prescribe.
All arrangements made under this sub-section shall be subject to the previous sanction of the State Government.
(4)The Practice of jhum cultivation shall in all cases be deemed to be a privilege subject to control, restriction and abolition by the State Government and not to be right.