Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Himachal Pradesh - Section

Section 12 in The Himachal Pradesh Forest (Settlement) Rules 1965, As Amended By First Amendment Rules 1975

12. Inquiry by the Forest Settlement Officer.

(a)As soon as practicable after issue of the proclamation, the Forest Settlement Officer should visit the village in the neighbourhood of the proposed Reserve Forest. He should inspect as much as possible of it and afford the people likely to be effected by the proposed reservation, full opportunity for putting forward their claims for the spot.
(b)The Forest Settlement Officer is bound by law to make down 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 Administration and the evidence of the persons likely to be acquainted with the same and to deal with such practices as if the claim thereto had been formerly preferred under section 6. Forest Officer attending the inquiry) if application is made to compel attendance of witnesses the production of documents.
(j)The Forest Officer standing the inquiry shall have power 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 Budget.
(k)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 Officers 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 submitted by him. 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 or the Chief Conservator.
(l)The views of the Deputy Commissioner in cases regarding land (the claims to which are being investigated under section II of the Act) or of the Co-servation on 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 claimants in their vernacular language if they do not understand English.