Section 11 in Rajasthan Forest (Settlement) Rules, 1958
11. Data to be collected by Forest Settlement Officer.
(a)After publication of a notification under Section 4 of the Act, the Forest Settlement Officer will collect the following information with the assistance of the Divisional Forest Officer:-(a)Sketch map of the block illustrating the demarcation line;(b)a description of the boundary.(b)Proclamation by Forest Settlement Officer. - The first step to be taken by the Forest Settlement Officer is the publication of a proclamation under Section 6 of the Act as given in Form 'L' specifying the situation and limits of the proposed Reserve as published in the Official Gazette, explaining the consequences which will ensue on the reservation of the forest and requiring all persons claiming any right in or over such forests, to specify within the prescribed period, either in writing or verbally the nature of such rights and the amount and the particulars of the compensation (if any) claimed in respect thereof. A period of at least three months from the date of publication of the proclamation must be allowed for the presentation of claims and the proclamation must be published in Hindi and posted in every town and village in the vicinity of the proposed reserve and it will also be done by beat of drum or in any other manner convenient. Copies of the proclamation should be sent to the Divisional Forest Officer, Tehsildar and the headman of the village adjoining the block and copies of the acknowledgement of the receipt of such proclamation will be placed in the village file. The Forest Settlement Officer should moreover, not only publish and distribute the proclamation as above, but should explain its meaning at every convenient opportunity to the villagers concerned.(c)Enquiry by the Forest Settlement Officer. - (1) As soon as practicable after the issue of proclamation, the Forest Settlement Officer should visit the villages in the neighbourhood of the proposed Reserve. He should inspector as much as possible of it and afford the people likely to be affected by the proposed reservation, full opportunity for putting forward their claims on the spot.(2)The Forest-Settlement Officer is bound by law to take down in writing all statements of the claims made under Section 6 of the Act and to enquire into the same; and even in the case of practices not actually brought to his notice, under Section 6, it will be his duty to ascertain all that may be ascertainable on the subject from the records of the Government and the evidence of the persons likely to be acquainted with the same and to deal with such practices as if the claims thereto had been formerly preferred under Section 6. The inquiry should consequently not be confined to merely recording evidence produced by claimants or by the Forest Officer. The Settlement Officer should himself call for and examine any person whom he may think likely to have knowledge of the facts. The Forest Settlement Officer is responsible for seeing that every claim which he admits is absolutely clear and definite.(3)Under Section 8, the Forest Settlement Officer has the power of a civil court in the trial of suits for which he can summon witnesses and require the production of documents, etc. It is duty to ascertain the facts and he is bound to enquire, not only into claims put forward but also into the existence of any right or practice, though no formal claim may have been presented under Section 6 of the Act. In short, it is the business of the Forest Settlement Officer to ascertain, by full and carefully inquiry, the actual state of things, the manner in which the reservation, if carried out, will affect the people in the neighbourhood, the rights to which they are already legally entitled, and the concessions which it is desirable for the Government to extend to them in future. It must be here, however clearly understood that as Forest Settlement Officer framing a record of legally established rights, he has no power to confer by entry in the record any rights which have not been satisfactorily established as existent merely-because he thinks it expedient to grant them. But, on the other hand, he is bound to express fully, in reporting his operations to the Government his opinion an advice as to any practices which, though not satisfactorily proved to be existing rights, he may think it advisable to sanction as of rights or as merely terminable concessions in the interests of people. The record of the Forest Settlement Officer must thus deal with legally established rights only. He must leave it to the Government to decide later or what additional burdens, in the shape of non-established rights or mere terminable concessions, it is desirable to impose on the fores tin the interest of the people.(4)When claimants appear in person and make verbal statements of their claims the Forest Settlement Officer shall record the substance of the statement. Written statements must be stamped in accordance with the Court Fees Act.(5)Copies of evidence of documents filed and on the decisions recorded by the Forest Settlement Officer may be granted to claimants under the Rules. Such copies must be stamped under the Court Fees Act.(6)Claims on behalf of a family may be presented by any member of that family; on behalf of a tribe or community by any member of the tribe or community on behalf of joint claimants by any one of the joint claimants and on behalf of a village by the Headman of the village. Otherwise all claimants must arrange to represent themselves.(7)The Forest Settlement Officer may, at any time, join any number of claims, provided they all relates to the same proposed reserved, in order to hold a common inquiry, or he may serve any claims joint or jointly made in order to hold separate inquiries at his discretion. It shall not be necessary to take a second time evidence already recorded in an inquiry relating to another claim. But if, in deciding upon the claim of any person, the Forest Settlement Officer shall admit previously recorded evidence or shall recite a previous decision in disposing of a case, the person whose claim is thus treated shall be entitled to obtain a copy of such previous evidence, documents or decision, as if it had been recorded during the inquiry into his own claim.(8)Claimants may employ a legal practitioner or other person to appear on their behalf. In such case the Forest Settlement Officer will require the production of the usual stamped authority.(9)The Forest Settlement Officer shall examine claimants and witnesses upon oath or solemn affirmation. Process fees according to the scale laid down for Courts of Assistant Collectors of the 1st class shall be required from claimants (but not from the Forest Officer attending the inquiry) if application is made to compel the attendance of witnesses or the product ion of documents.(10)The Forest Officer attending the inquiry shall have powers similar to those of a defendant in a civil suit. He may cross-examine witnesses, may produce evidence to rebut claims, and may comment on any documents or evidence, and no court fees shall be required of him. If he desires to prefer an appeal against any decision, the Forest Settlement Officer shall give him duly certified copy of such decision and will meet the cost from the contingencies of the Forest Settlement Grant.(11)The Forest Settlement Officer shall give reasonable notice to the Divisional Forest Officer of the dates fixed by him for inquiry into claims. If the Divisional Forest Officer is himself unable to attend on those occasions or to depute a suitable representative in his place, he may forward to the Forest Settlement Officer any statement he may wish to make in writing with any documents he may wish to put in. He may in such cases, if he so desires depute a subordinate to explain if necessary, the statement submittedby him. [....] [Word 'The Forest Settlement Officer shall as far as may be convenient meet the wishes of the Forest Department by adjourning inquiries to give time to consult the Conservator, Collector or Commissioner.' deleted by Notification F.5(185) Forest/95, GSR 2, dated 5.11.1996 (Published in Rajasthan Gazette Extraordinary 4(Ga)(I), dated 17.7.1997).](12)The views of the Collector or Commissioner in cases regarding land (the claims to which are being investigated under Section 11 of the Act) or of the Conservator or any question which may arise, should be placed before the Forest Settlement Officer by the Divisional Forest Officer in the form of a written note. Such written note shall be read aloud and shall form part of the record and shall be explained to the claimant in their vernacular language if they do not understand English.(13)The Forest Settlement Officer shall keep a diary of his proceeding from day to day, which should be clearly written up and should be initialled by himself.(14)(a)The claims on which the Forest Settlement Officer will have to adjudicate will usually be of two classes:-(i)claims to land;(ii)claims to rights of the nature of easements, specified in Section 12 of the Act.(b)He will record the evidence and decide on the claim in each case in the manner prescribed by the Code of Civil Procedure for adoption in appealable cases. He will also maintain two registers (A & B) as prescribed in Form "H' and will enter in the former all claims as they are received and in the latter all claims as they are disposed of. Register B (or a fair signed copy thereof) must, upon the completion of the operations be forwarded to the Government through the Chief Conservator of Forests, Conservator of Forest, Planning and Demarcation and the Territorial Conservators, with the draft notification under Section 20 of the Act together with (1) an abstract statement of admitted claims (for publication in the Gazette) in the Form 'J' (or such corresponding form as the special conditions of the case will admit), (2) A summary report of the Forest Settlement Officer's proceedings, which should contain his recommendations, if any, of sanctioning, as of privilege, the continuance of practices which although not claimable as of right and consequently not entered in the abstract as admitted rights, are in the opinion of the Forest Settlement Officer advisable in the interest of the welfare of the people (such concessions should be indicated by the latter 'C' in the abstract); (3) The boundary map or tracing of the proposed reserve with a detailed description of the same showing in a clear and unmistakable manner the boundaries of the reserve as ultimately adopted by him and specified in his final draft notification under Section 30 of the Act.(c)When a claim comes partly under Section 11 and partly under Section 12 of the Act, the Forest Settlement Officer will separate those parts of it which fall under Section 11 from those which fall under Section 12 and will enter them in his register as distinct claims.(d)In cases in which appeals are preferred against his decisions the Forest Settlement Officer will obtain copies of the appellate decisions, which should form part of the settlement record. A brief abstract of each appellate judgment should also be prepared and entered in the appropriate column of register 'B' reference being made in the 'remarks' column to the number and date of such judgment.(15)When the Forest Settlement Officer has admitted a claim, the Forest Officer attending the inquiry of failing such, the Divisional Forest Officer will state which among the courses provided in Sections 10(1), 11, 15, 16, of the Act, it is desirable to follow, and may apply for an adjournment to enable him to take advice of superior authority before doing so. The Forest Settlement Officer will hear the claimant whose claim has been admitted before deciding what action he will take in the matter.(16)The grant under Sections 10(1), 11, 15, 16 of the Act, by the Forest Settlement Officer of unreserved land or of rights over such land in exchange for land or in commutation of rights admitted in a reserved forest, require the Commissioner's approval. The grant of reserved forest or rights over it requires the sanction of the local Government.(17)When the Forest Settlement Officer acts under Section 16 and commutes a right of pasture or of forest produce by a grant of money or land such commutation shall ordinarily be calculated as follows:-(a)It in money, at 20 years' purchase of the annual value of the right as ascertained by the Forest Settlement Officer.(b)If paid for in land, the assessment of the land should be equal to the annual value of the commuted right as estimated by the Forest Settlement Officer.
